Act No. 2 of 2013
THE HIMACHAL PRADESH VALUE ADDED TAX (AMENDMENT) ACT, 2012
(AS ASSENTED TO BY THE GOVERNOR ON 5TH JANUARY, 2013)
AN
ACT
further to amend the Himachal Pradesh Value Added Tax Act, 2005 (Act No. 12 of 2005).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-third Year of the Republic of India as follows:-
1. Short title and commencement.-
(1) This Act may be called the Himachal Pradesh Value Added Tax (Amendment) Act, 2012.
(2) Save as otherwise provided in this Act, sections 2(a) and 5(a) shall be deemed to have come into force on 1st day of April, 2012.
2. Amendment of section 4.-
In section 4 of the Himachal Pradesh Value Added Tax Act, 2005 (12 of 2005) (hereinafter referred to as the 'principal Act'), in sub-section (6),-
(a) in clause (c), for the figures and signs "4,00,000/-", the figures and signs "5,00,000/-" shall be substituted; and
(b) in clause (e), for the figures and signs "6,00,000/-", the figures and signs "8,00,000/-" shall be substituted.
3. Amendment of section 11.-
In section 11 of the principal Act, for sub-section (16), the following sub-section shall be substituted, namely:-
"(16) If a dealer,-
(a) falsely claims Input Tax Credit in his returns to which he is not entitled, the Commissioner or the Assessing Authority shall direct such dealer to pay, by way of penalty, in addition to the tax and interest payable by him, a sum equal to twice the amount of such claim or credit; and
(b) claims incorrect Input Tax Credit in his returns, the Commissioner or the Assessing Authority shall direct such dealer to pay, by way of penalty, in addition to the tax and interest payable by him, a sum equal to fifty percentum of the amount of such claim or credit.
Explanation:-(i) For the purpose of clause (a) "falsely" means excessive claim made deliberately with the intent to affect revenue interest adversely; and
(ii) For the purpose of clause (b) "incorrect" means excessive claim due to wrong calculation without any intension to affect revenue interest adversely.
4. Amendment of section 14.-
In section 14 of the principal Act, in sub-section (7), for the words "the amount of tax evaded or attempted to be evaded", the words "fifty percentum of the value of consignment" shall be substituted.
5. Amendment of section 16.-
In section 16 of the principal Act,-
(a) after sub-section (3), the following new sub-section (3a) shall be inserted, namely:-
"(3 a) The State Government may, by notification, exempt any class of dealer from filing of return, subject to such restrictions and conditions, such limit of turnover and for such period, as may be prescribed, and tax, if any, deducted at source, shall be deemed to be final payment of tax and such dealer shall not be liable to assessment for that period.";
(b) In sub-section (6), for the words, figures and signs "Rs. 25/- per day for dealy in furnishing such return upto 10 days, where after the penalty shall be Rs. 50/- per day till the default continues but such penalty shall not exceed Rs.3000/-" the words, figures and signs "Rs. 200/-" shall be substituted.; and
(c) In sub-section (8), for the words "equal to twice the amount of tax", the words "upto twice the amount of tax but which shall not be less than one hundred percentum of such tax amount" shall be substituted.
6. Amendment of section 21.-
In section 21 of the principal Act,-
(a) in sub-section (7), for the words "equal to the amount" the words "upto double the amount of tax assessed but which shall not be less than one hundred percentum of the amount of tax" shall be substituted.; and
(b) in sub-section (9), after the words "sum due from him", the words "but which shall not be less than one thousand rupees" shall be inserted.
7. Amendment of section 33.-
In section 33 of the principal Act, in sub-section (3), after the words "sales or purchases", the words "or the account books are not found at the business premises" shall be inserted.
8. Amendment of section 34.-
In section 34 of the principal Act, in sub-section (12) after the words "or without genuine documents", the words "or presents bills for declaration at the barrier without the consignment purported to be transported under those bills" shall be inserted.
9. Amendment of section 50.-
In section 50 of the principal Act, in sub-section (2), for the words and signs "not exceeding two thousand rupees, and where such contravention or failure is continuing one, to a daily penalty not exceeding fifty rupees", the words and signs "not exceeding five thousand rupees, and where such contravention or failure is continuing one, to a daily penalty not exceeding two hundred rupees" shall be substituted.
10. Repeal of Ordinance No. 3 of 2012 and savings.-
(1) The Himachal Pradesh Value Added Tax (Amendment) Ordinance, 2012, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.