THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005. Notifications History
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H.P. Ordinance No. 2 of 2006

THE HIMACHAL PRADESH VALUE ADDED TAX (AMENDMENT) ORDINANCE, 2006

ORDINANCE

Further to amend the Himachal Pradesh Value Added Tax act, 2005 (Act No. 12 of 2005).

Whereas the Legislative Assembly of Himachal Pradesh is not in session and the Governor is satisfied that the circumstances exist which render it necessary for him to take immediate action.

Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Himachal Pradesh is pleased to promulgate the following Ordinance:-

1. Short title: This Ordinance may be called the Himachal Pradesh Value Added Tax (Amendment) Ordinance, 2006.

2. Amendment of Section 28 (12 of 2005): In Section 28 of the Himachal Pradesh Value Added Tax Act, 2005, in sub-section (1), of the existing first proviso, the following provisos shall be substituted, namely:- .

"Provided that an application for refund of any excess amount of input tax credit under sub-section (4) of Section 12, may be made by a registered dealer after the expiry of a quarter of the year and where the Assessing Authority finds that the returns for the tax period are correct and complete, it shall in the prescribed manner refund to such registered dealer the excess amount of input tax credit or allow it to be carried forward to the next tax period:

Provided further that where any investigation, scrutiny, inspection or audit or other enquiry is pending against the registered dealer, and the officer authorised to sanction the refund is of the opinion that the payment of such refund is likely to adversely affect the revenue, which may become due from such registered dealer at the conclusion of such investigation, scrutiny, inspection or audit or other enquiry, he may, for reasons to be recorded in writing, either refund the amount of excess input tax credit subject to furnishing of a security equal to the amount to be refunded to such registered dealer or withhold the refund till such time the proceedings are concluded;".