The bihar value added tax act, 2005

Coming into Force23 June 2005
Date23 June 2005
Act Number27
Enactment Date23 June 2005
Record Number200527
CourtMinistry of home affairs
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THE BIHAR VALUE ADDED TAX ACT, 2005
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
INCIDENCE OF TAX
3. Charge of tax.
4. Levy of purchase tax.
5. Liability to pay purchase tax on certain purchases.
6. Non-levy of tax in certain cases.
7. Exemptions.
8. Burden of proof.
CHAPTER III
TRIBUNAL AND TAXING AUTHORITIES
9. Tribunal.
10. Taxing Authorities and Inspectors.
11. Protection of action taken in good faith.
12. Power to issue summons and examine on oath.
CHAPTER IV
RATE OF TAX AND POINT OF LEVY
13. Point or points in series of sales at which sales tax shall be levied.
14. Rate of tax.
15. Compounding of tax liability in certain cases.
16. Input tax credit.
17. Exports to be zero-rated.
18. Rate of tax on packing materials and containers.
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CHAPTER V
REGISTRATION
SECTIONS
19. Registration.
20. Amendment and cancellation of certificate of registration.
21. Security.
22. Declared manager.
23. Furnishing of information by dealers.
CHAPTER VI
RETURNS, ASSESSMENT, RE-ASSESSMENT AND PAYMENT OF TAX
24. Returns, payment of tax, interest and penalty.
25. Scrutiny of returns.
26. Self-Assessment of tax.
27. Assessment of dealer not filing returns.
28. Assessment of tax of dealers evading registration.
29. Assessment of tax on disputed question.
30. Assessment of tax of non-resident dealer doing business temporarily by way of fair, mela, etc.
31. Assessment or re-assessment of tax of escaped turnover.
32. Escaped turnover detected before or at the time of assessment of tax.
33. Assessment of tax based on audit objections.
34. Assessment of tax proceedings, etc., not to be invalid on certain grounds.
35. Taxable turnover.
36. Tax payable by a dealer.
37. Time limit for completion of proceeding of assessment of tax.
38. Exclusion of time in assessment tax proceedings.
39. Payment and recovery of tax.
40. Advance recovery of tax on sales and supplies to Governments and other persons.
41. Advance recovery of tax from works contractors.
42. Production of tax clearance certificate.
43. Restriction on collection of tax by dealers.
44. Forfeiture of tax collected in violation of this Act.
45. Rounding off of tax liability.
46. Recovery of tax as arrears of land revenue.
47. Special mode of recovery of tax and other liabilities under this Act.
48. Liability of surety.
49. Transfers to defraud revenue void.
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SECTIONS
50. Period of limitation for recovery of tax.
51. Tax to be first charge on property.
CHAPTER VII
BOOKS OF ACCOUNT AND FURNISHING OF INFORMATION
52. Maintenance of accounts.
53. Issue of tax invoice and debit and credit notes.
54. Accounts to be audited in certain cases.
55. Furnishing of information by Government departments, banks, financial institutions clearing and
forwarding agents and owners of warehouses, godowns and others.
CHAPTER VIII
INSPECTIONS, SEARCH AND SEIZURE
56. Production of books of account, inspection, search and seizure.
57. Cross checking or verification of transactions.
58. Survey.
59. Control on clearing, forwarding or booking agent and any person transporting goods.
CHAPTER IX
CHECK-POSTS AND RESTRICTIONS ON MOVEMENT
60. Establishment of check-posts.
61. Restriction on movement of goods.
62. Transportation of goods through State of Bihar.
CHAPTER X
LIABILITIES OF REPRESENTATIVE CHARACTER
63. Liability to pay tax in case of transfer of business.
64. Tax payable by deceased dealer shall be paid by his representative.
65. Tax-liability of guardian and trustee, etc.
66. Tax-liability of court of wards.
67. Liability in case of dissolution of firm, etc.

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