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THE WEST BENGAL VALUE ADDED TAX RULES, 2005 HISTORY
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Body 16B. Payment of net tax, interest, and late fee under sub-section (2) of section 32 in instalments and restoration of certificate of registration cancelled under clause (e) or clause (f) of sub-section (1) of section 29.-

(1) Where a dealer, within thirty days or within such further time as may be allowed by the Deputy Commissioner from the date of cancellation of his certificate of registration under cluuse (e) or clause (f) of sub-section (1) of section 29, makes an application by way of adducing reasons to the Deputy Commissioner for granting him instalments to make payment of the unpaid amount of tax, interest, and late fee under sub-section (2) of section 32 and tor restoration of his certificate of registration which has been cancelled under clause (e) or clause (f) of sub-section (1) of section 29, such Deputy Commissioner may, for the purpose of disposing of the application examine the books of account of the dealer or such documents as he deems fit and after hearing the dealer, pass an order, in writing,-

    (a) for grantmg monthly instalments not exceeding three in number commencing from the month following the month in which the order is passed for making payment by him of the unpaid tax, interest and late fee under sub-section (2) of section 32 in instalments: and

    (b) for restoration of such certificate of registration under the first proviso to sub-section (4) of section 29 with effect from the date of its cancellation as if the certificate of registration were in force during the period in which it had remained cancelled

    Provided that the Deputy Commissioner may, if he deems fit and proper upon considering the fact contained in the application and after obtaining the prior approval of the Commissioner, grant instalments exceeding three in number for making payment of the unpaid amount of net tax, interest and late fee under sub-section (2) of Section 32,

and a copy of the order so passed shall be forwarded to the dealer concerned.

(2) For the purpose of granting instalmems for payment of unpaid amount of net tax, interest and late fee under sub-section (2) of section 32 and restoration of the certificate of registration cancelled under clause (e) or dause (f) of sub-section (1) of section 29 as stated in sub-rule (1), the dealer shall, before making the applicalion as stated in sub-rule (1),-

    (a) in the case of the certificate of registration cancelled under clause (e) of sub-section (l) of section 29, submit the return and pay fifty per centum of the net tax, interest and late fee payable according to such return; or

    (b) in the case of the certificate of registration cancelled under clause (f) of sub-section (1) of section 29, pay fifty per centum of the net tax or interest payable or tax due or interest due.

(3) The Deputy Commissioner may, for the reasons to be recorded in writing.and after giving the dealer an opportunity of being heard, reject the application and inform the dealer accordingly.

(4) Where the dealer whose certificate of registration is restored under this rule, fails to make payment of the unpaid tax, interest and late fee according to the order granting payment of the unpaid tax, interest and late fee under sub-section (2) of section 32 in instalments, his certificate of registration shall be cancelled again in accordance with the provision of sub-section (1) of section 29 and shall not be restored subsequently in any case.