In exercise of the powers conferred by section 99 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government hereby makes the following rules further to amend the Rajasthan Value Added Tax Rules, 2006, namely:-

1. Short title and commencement.-

(1) These rules may be called the Rajasthan Value Added Tax (Third Amendment) Rules, 2012.

(2) They shall come into force with immediate effect.

2. Amendment of rule 69.-

The existing sub-rule (1) of rule 69 of the Rajasthan Value Added Tax Rules, 2006, shall be substituted by the following, namely:-

"(1) The Tax Settlement Board shall have powers to resolve the disputes relating to outstanding demand of tax or arrears of tax, interest or penalty payable under the Rajasthan Sales Tax Act, 1954, Rajasthan Sales Tax Act, 1994, Central Sales Tax Act, 1956 or Rajasthan Value Added Tax Act, 2003, if:-

(i) the dispute is related to the outstanding demand of tax and / or arrears of tax, interest and penalty, which is outstanding for a period not less than ten years from the date on which the assessment order has been passed, and in case of ex-parte assessment order, the said period of ten years shall be reduced to five years; and

(ii) the dispute is not pending for decision before any competent / appellate authority or any court and any party to the dispute submit an application along with fee;

or

the dispute is pending for decision before any competent/appellate authority or any court and the parties to the dispute agree or one of the parties thereof make an application to the court or the authority before whom the case is pending, for referring the case to the Tax Settlement Board for settlement and if such court / authority, as the case may be, is prima facie satisfied that there are possibilities of such settlement or the court/authority, as the case may be, is satisfied that the matter is appropriate for settlement by the Tax Settlement Board, the such court / authority may refer the case to the Tax Settlement Board; and

(iii) the outstanding demand of tax or arrears of tax, interest or penalty shall not be less than rupees one lac and not more than rupees 50 crore.

By Order of the Governor

(Mewa Ram Jat)

Deputy Secretary to Government