THE RAJASTHAN VALUE ADDED TAX ACT, 2003 Notifications
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Act No. 18 of 2012

EXTRACT OF THE RAJASTHAN FINANCE ACT , 2012

AN Act further to amend the Rajasthan Value Added Tax Act, 2003, the Rajasthan Tax on Luxuries (InHotels and Lodging Houses) Act, 1990, the Rajasthan Tax on Entry of Goods into Local Areas Act, 1999, the Rajasthan Stamp Act, 1998 and the Rajasthan Finance Act, 2006, in order to give effect to the financial proposals of the State Government for financial year 2012-13 and to make certain other provisions. Be it enacted by the Rajasthan State Legislature in the Sixty-third Year of the Republic of India, as follows:-

CHAPTER I

PRELIMINARY

1. Short title.- This Act may be called the Rajasthan Finance Act, 2012.

2. Declaration under section 3, Rajasthan Act No. 23 of 1958 :-

In pursuance of section 3 of the Rajasthan Provisional Collection of Taxes Act, 1958 (Act No. 23 of 1958) it is hereby declared that it is expedient in the public interest that provisions of clauses 13 and 14 of this Bill shall have immediate effect under the said Act.

CHAPTER II

AMENDMENTS IN THE RAJASTHAN VALUE ADDED TAX ACT,

2003

3. Amendment of section 22, Rajasthan Act No. 4 of 2003.-

For the existing section 22 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), hereinafter in this Chapter referred to as the principal Act, the following shall be substituted, namely:-

"22. Assessment on failure to deposit tax or submit return or audit report : -

(1) Where a dealer has failed to deposit tax in accordance with the provisions of section 20 within the notified period or has failed to submit a return in accordance with the provisions of section 21, or an audit report in accordance with the provisions of section 73, within the prescribed period, the assessing authority or the officer authorized by the Commissioner shall, without prejudice to the penal provisions in this Act, after making such enquiry as it may consider necessary and after giving the dealer a reasonable opportunity of being heard, assess tax for that period to the best of his judgment.

(2) The tax assessed in sub-section (1), after adjustment of input tax credit and the amount deposited in advance in this behalf, if any, shall be payable by the dealer within thirty days from the date of service of the notice of demand. However, the assessing authority or the officer authorized by the Commissioner, after recording reasons in writing, may reduce such period.

(3) The tax deposited under sub-section (2) shall be adjusted in the assessment for the relevant period.

(4) No order under this section shall be passed after the expiry of nine months from the end of the period for which the tax has not been deposited or, as the case may be, from the last date of submission of return or audit report which has not been submitted."

4. Amendment of section 24, Rajasthan Act No. 4 of 2003 :-

The existing sub-sections (4) and (4A) of section 24 of the principal Act shall be deleted.

5. Amendment of section 38, Rajasthan Act No. 4 of 2003.- For the existing sub-section (4) of section 38 of the principal Act, the following shall be substituted, namely:-

"(4) Where a dealer or a person has filed an appeal to the Appellate Authority against an order passed by an assessing authority or any other officer, the said Appellate Authority may, after registering such appeal and after having heard the appellant and the assessing authority or officer or any representative thereof, stay the recovery of the disputed amount of tax or demand or any part thereof for a period of one year from the date of such order or till the disposal of the appeal, whichever is earlier, on the condition that the said dealer or the person furnishes sufficient security to the satisfaction of the assessing authority or the officer, as the case may be, in such form and in such manner as may be prescribed:

Provided that where an application for stay is not disposed of within a period of thirty days from its filing and the delay is not attributable to the applicant, the same shall be deemed to have been accepted subject to the condition that such dealer or person furnishes sufficient security to the satisfaction of the assessing authority or the officer, as the case may be, in such form and in such manner as may be prescribed:

Provided further that no security under this section shall be required to be furnished by a department of the Central Government or the State Government or a public sector undertaking, corporation or company owned or controlled by the Central Government or the State Government."

6. Amendment of section 63, Rajasthan Act No. 4 of 2003: -

For the existing sub-section (2) of section 63 of the principal Act, the following shall be substituted, namely:-

" Any officer not below the rank of an Assistant Commercial Taxes Officer as may be authorized by the Commissioner shall be empowered to recover tax and impose penalty under sub-section (1)."