in exercise of the powers conferred by section 56 of the Jammu and Kashmir Value Added Tax Act, 2005, and in supersession of Notification SRO 161 dated 13th April 2010, the Government hereby direct that there shall be following composition of tax in respect of brick kiln owners in lieu of tax payable under section 13 of the Act:-
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a. Dealers importing coal upto value of Rs. 40 lakh
The composition tax scheme is subject to following conditions namely:-
i. That the composition scheme shall not be applicable to the dealers who import coal above the value of Rs. 60.00 lac during the financial years and be liable to tax as per the VAT schedule.
ii. That the composition amount shall be payable in four quarterly installments and shall be paid within one month from the expiry of each quarter.
iii. That the dealer shall not collect any sum by way of tax on the sale of goods.
iv. That the dealer shall not issue a tax invoice in VAT-50 while making sale of goods in the State to another VAT dealer for resale or use in manufacture or for processing of goods for sale.
v. That no input tax credit shall be available to the dealer purchasing goods from the dealer availing this composition scheme.
vi. That for failure to pay the composite tax in time, the dealer shall besides being liable to penalty under the provisions of the Act also forfeit his claim of benefit of the composite tax scheme and be liable to tax under section 13 of the Act for the year in which such default/offence is committed.
vii. That in case a brick kiln is intended to be closed for the whole year, the dealer who is liable to pay the composite tax shall inform the Assessing Authority concerned in writing 15 days before the closure.
viii. That in case of failure to furnish information about closure of kiln in the manner prescribed in stipulation 7 above, it shall be presumed that the kiln has been functioning normally and the dealer shall be liable to pay composite tax as usual;
ix. That the Government may at any time withdrawn facility of payment of composite tax in lieu of tax.
This notification shall come into force with immediate effect.
By Order of the Government of Jammu and Kashmir.
Sd/-
(B. B. Vyas) IAS,
Principal Secretary to Government
Finance Department