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The West Bengal Sales Tax Rules, 1995
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3. Restrictions and Conditions subject to which power to be delegated by Commissioner

(1) The Commissioner shall not delegate to any officer appointed to assist him any power, other than those enumerated below in respect of the sections mentioned in column (2), nor shall he delegate any power specified in column (3), to any officer below the rank specified in the corresponding entry in column (4) of the Table below.

THE TABLE

Sl. No

Section

Description of power

Designation of officer

(1)

(2)

(3)

(4)

1

2(40)

To grant permission to alter election

Commercial Tax Officer

 

2(43)

To grant permission to a dealer to change his year

-do-

2

7

To require the Bureau under the proviso to sub-section (4) of section 7 of the Act to transfer any accounts, registers or documents seized by it.

-do-

3

9

To fix the date of commencement of the liability to pay tax by a dealer

-do-

4

11

To determine, collect and recover the amount of tax payable and to exercise all other powers

-do-

5

14

To determine, collect and recover the amount of tax payable and to exercise all other powers

Commercial Tax Officer

6

15

To fix the date of commencement of the liability to pay tax by a dealer

-do-

8

26 & 27

To register a dealer and to grant him a certificate of registration, amend or cancel his certificate of registration

To issue a fresh certificate of registration

-do-

9

28

To demand from any registered dealer or from a person who has applied for registration under the Act reasonable amount of security or additional security for securing proper and timely payment of tax or any other sum payable by him under the Act under sub-section (1) of section 28.

Assistant Commissioner

 

 

To demand from any person who imports into West Bengal any consignment of goods specified in Part A of Schedule IV or notified goods, a reasonable security under sub-section (3)

Assistant Commissioner

 

 

To demand security under sub-section (4) from any dealer for proper use and safe custody of form referred to in sub-section (3) of section 68

-do-

 

 

To forfeit the whole or any part of the security or additional security under sub-section (5)

-do-

 

 

To refund any amount of security or part thereof under sub-section (7)

-do-

10

29

To impose penalty on a dealer for failure to get himself registered after being liable to pay tax and enforce payment and recovery of such penalty

Commercial Tax Officer

10A

29

To enrol a transporter, carrier, or transporting agent, to grant him a certificate of enrolment, and to amend or cancel such certificate of enrolment

Commercial Tax Officer

 

 

To issue a fresh certificate of enrolment

Commercial Tax Officer

11

30

To require any dealer, other than a registered dealer, to furnish returns under sub-section (3) of section 30

Assistant Commissioner

 

 

To require a dealer to produce any documents, registers, statements or documents or to furnish information under sub-section (7)

Commercial Tax Officer

11A

30A

To compound tax payable under the Act and to determine and accept composition money

Deputy Commissioner

12

34

To determine the interest payable by the Commissioner and to pay such interest to the dealer

Assistant Commissioner

13

37

To refund to a buyer tax or excess tax under sub-section (3)

Commercial Tax Officer

 

 

To impose penalty on a dealer under sub section (4) and enforce payment and recovery of such penalty

-do-

14

38

To adjust the amount deposited under sub-section (4) in respect of liability of payment against execution of works contract

-do-

 

 

To impose penalty under sub-section (5)

-do-

 

 

To refund or adjust any amount under sub-section (6)

-do-

15

45, 46 & 47

To make an assessment of tax or penalty or to fix a date of payment and to exercise all other powers

-do-

15A

46A

To reopen under sub-section (2), or sub-section (4), of section 46A the assessment made in accordance with sub-section (1) of that section

Deputy Commissioner

 

 

To impose and demand penalty under sub-section (5) of section 46A

Commercial Tax Officer

16

49 & 50

To determine the interest payable by a dealer, to fix date for payment or to rectify the amount of such interest

Commercial Tax Officer

17

52 & 53

To send or forward a certificate to the Tax Recovery Officer

-do-

18

54

To withdraw or cancel a certificate referred to in section 52 or correct any mistake in such certificate

-do-

19

57

To direct a person to deposit money and to exercise all the powers therefor

-do-

20

60

To refund tax, penalty or interest paid in excess

Commercial Tax Officer

21

61

To reimburse tax levied under the Act in respect of inter-State sales of declared goods

-do-

21A

62A

To require production of the accounts, registers or documents of any transporter, carrier or transporting agent and to require him to furnish any information referred to in sub-section (1) of section 62A and to explain them

Assistant Commercial Tax Officer

 

 

To inspect under sub-section (2) of section 62A-

 

 

 

(a) all accounts, registers and documents of a transporter, carrier or transporting agent and goods transported by him including those stored in a godown or warehouse.

Assistant Commercial Tax Officer

 

 

(b) all goods kept in any place of his transport business, warehouse or godown

Assistant Commercial Tax Officer

 

 

To enter and search any place of transporting business referred to in sub-section (3) of section 62A

- do -

 

 

To direct any transporter, carrier or transporting agent to stop transportation of any consignment or to stop delivery of goods transported by him as referred to in clause (a), or clause (b), of sub-section (4) of section 62A

Commercial Tax Officer

22

64

To impose penalty for contravention of the provisions of section 63 or to exempt a dealer from payment of penalty

-do-

23

65

To require production of the accounts, registers or documents of any person and to require him to furnish any information referred to in sub-section (1) and to explain them

Assistant Commercial Tax Officer

 

 

To inspect under sub-section (2) -

 

 

 

[a] all accounts, registers and documents of a dealer including those relating to the stock, purchases, sales and deliveries of goods by any dealer

-do-

 

 

[b] all goods kept in any place of business of a dealer

-do-

24

71

To determine the value of seized goods, to impose penalty, to fix a date of payment, to extend a date for payment of such penalty, to release such seized goods, to sell such goods in open auction, to destroy such goods, to pay balance amount to owner of such goods or the person from whom such goods are seized.

Commercial Tax Officer

24A

71B

To impose penalty upon any person, dealer or casual trader who has transported goods in contravention of section 68 and such goods are not available for seizure

Commercial Tax Officer.

25

72

To require production of declaration under sub-section (2)

Assistant Commercial Tax Officer

 

 

To countersign declaration produced by the transporter under sub-section (3) and sub-section (9)

-do-

 

 

To endorse declaration produced by the transporter under sub-section (4)

-do-

 

 

To intercept and search goods vehicle under sub-section (5)

-do-

 

 

To impose penalty under sub-section (6), to extend the date of payment of such penalty under sub-section (7), to detain goods under sub-section (8), to seize under sub-section (10) and sell such goods in open auction under sub-section (12) and to pay balance amount to owner of such goods under sub-section (13)

Commercial Tax Officer

26

73

To require a transporter to stop a goods vehicle, to produce the way bill and Officer documents referred to in sub-section (1) and countersign way bill

Assistant Commercial Tax Officer

27

76

To impose penalty

Commercial Tax Officer

28

80

To revise suo motu an assessment made or an order passed by a Commercial Tax Officer or an Assistant Commercial Tax Officer

Assistant Commissioner

 

 

To revise suo motu an assessment made or an order passed by an Assistant Commissioner

Deputy Commissioner

29

81

To revise, on application, an assessment made or an order passed by a Commercial Tax Officer or Assistant Commercial Tax Officer

Assistant Commissioner

 

 

To revise, on application, an assessment made or an order passed by an Assistant Commissioner

Deputy Commissioner

30

82

To file a memorandum before the Appellate and Revisional Board under sub-section (3)

Assistant Commissioner

31

90

To compound offence and to determine and accept composition money

Commercial Tax Officer

31A

90A

To compound offence and to determine and accept composition money

Commercial Tax Officer

32

94A

To issue clearance certificate

-do-

32A

98B

To impose penalty for furnishing incorrect information under section 98A

Commercial Tax Officer

33

99

To accept application for amendment of certificate of registration under sub-section (8) of section 26 for transfer of ownership of business

-do-

(2) For the purposes of these rules, a Patrolman shall be subordinate to an Assistant Commercial Tax Officer, an Assistant Commercial Tax Officer shall be subordinate to a Commercial Tax Officer, a Commercial Tax Officer shall be subordinate to an Assistant Commissioner, an Assistant Commissioner shall be subordinate to a Deputy Commissioner, a Deputy Commissioner shall be subordinate to an Additional Commissioner and an Additional Commissioner shall be subordinate to the Special Commissioner.

(3) Notwithstanding the provisions of sub-rule (2), the persons appointed by the designation mentioned in that sub-rule shall be subordinate to the Commissioner.