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Gist of Amendments - The Andhra Pradesh Value Added Tax (Amendment) Act,2016

Sri V.M.V.Subba Rao, Chartered Accountant, Nellore has kindly made available a comprehensive compilation of the gist of the amendments to the AP VAT Act by The Andhra Pradesh Value Added Tax (Amendment) Act,2016.

This also includes the text of the The Andhra Pradesh Value Added Tax (Amendment) Act, 2016

Click to download gist of amendments in AP VAT Amendment Act, 2016

The Andhra Pradesh Value Added Tax (Amendment) Act, 2016

24 Amendments Made at Glance 

Sl. No.

Section

Nature of Amendment

 

01

 

 

Governor of AP has given assent on 8th January,2016

Published in Official Gazettee on 12th January,2016

02

Section 2(47)

A new definition for “Zero Rated Sales” replacing the old definition

 “Zero Rate Sales” means the sales which are taxable at the rate of Zero and which are also eligible for input tax credit subject to the conditions as may be prescribed”.

Prescribed conditions to be notified. 

03

Section 4(4)(iv)

To levy purchase tax where goods after purchase are dispatched to place outside the State otherwise than by Sale in course of inter-state trade and commerce or export out of Indian territory.

04

Section 4-A

Imposing tax @ 0.5% on Sale of HSD and Furnace Oil to Foreign Outgoing International Ships.

 

Imposing tax @ 5% on Sale of Furnace Oil to Coastal Ships.

05

Section 13(3)(aa)

 

Imposes requirement of payment of tax by selling dealer in respect of goods on which input tax credit has been claimed in terms of Section 13(3) w.e.f. April 1, 2015

06

Section 21(1A)

Requires every VAT dealer to furnish Certificate of Audit of Accounts duly certified by Chartered Accountant for every financial year, by December 31 subsequent to financial year to which statements relate, and failure to furnish will attract penalty of Rs.3,000 per day of delay from due date till actual submission.

Rules and Forms to be prescribed for audit of accounts of VAT dealer.

 

Section 21(1B)

Requires every TOT dealer to furnish Certificate of Audit of Accounts duly certified by Sales tax Practitioner  every financial year, by December 31 subsequent to financial year to which statements relate, and failure to furnish will attract penalty of Rs.3,000 per day of delay from due date till actual submission.

Chartered Accountant is not eligible to certify accounts of TOT Dealer

Rules and Forms to be prescribed for audit of accounts of VAT dealer.

07

Section 22(3B)

 

 

Section 22(4)

New Section substituted

Tax Deducted at Source on Sale of Prescribed Goods

Recovery proceedings introduced for non payment of tax at source

Penalty leviable on non payment of TDS

W.E.F  23/09/2015

08

Section 31

Notify the period of time to be excluded for the purpose of computation of the time limit for filing of appeals 

09

Section 32

Section 32(5) has been omitted

Section 32(6) & (7) have been substituted.

10

Section 34

The period of petition to High Court has been increased from 90 days to 120 days

11

Section 38 (6)

Rate of Interest on  refund of tax has been increased from 1% to 1.25% pm

12

Section 39(2)

Rate of Interest on  late refund of tax has been increased from 1% to 1.25% pm

13

Section 45

(3)(b)(ii)

4(3)

 

Check Post authority can verify way bill also

Compulsory furnishing of Security for an amount equal to two (2) times the amount of tax payable. 

The detained vehicle shall be released only after the payment of tax and security furnished.

14

Section 47

Radio Frequency Identification (RFID) Tag or any other Tracking device offered by the department introduced in addition to transit pass

Minimum Penalty of Rs.10,000/- for fails to carry RFID

15

Section 48 (a)

Now owner of goods vehicle is required to produce way bill

16

Section 48-A

Penalty for owner of goods vehicle unable to produce required documents at check post

17

Section 56-A

Penalty for failure to upload the details of tax invoices

Penalty @5% of total turnover covered by such invoices 

Before levy of penalty reasonable opportunity to be given

18

Section 57 (5)

No order for the forfeiture of tax shall be made after expiration of 6 years from the date of collection of tax instead of 3 years at present

19

Section 59

Now Driver or Incharge of vehicle is also punishable with imprisonment with fine (earlier only any dealer)

Offences of obstructing the authority or not stopping the goods vehicle or vessels.

Imprisonment – Minimum One Month- Maximum 6 Months with fine

20

Section 61

“Transporter” is also allowed for compounding of offences.

Transporter Compounding – Rs.1,00,000/-

21

Section 63

Failure to attend summons

VAT Dealer

Penalty

Rs.1,000/- for every day of delay after 30 days from the date of summons/notice issued

Maximum Rs.30,000/- 

TOT Dealer

Penalty

Rs.350/- for every day of delay after 30 days from the date of summons/notice issued

Maximum Rs.10,000/- 

Other Persons

Rs.500/- per day

Maximum Rs.15,000/-

22

Schedule I

Entry Section 57  substituted with

Sugar including Khandasari Sugar

23

Schedule IV

Industrial Inputs

Item 236

Furnace Oil

24

Schedule VI

Revised Rates for levy of tax at the point of first sale in the State for

a.       India Made Foreign Liquor

b.      Beer

c.       Wine

d.      Ready to Drink Varieties (RTD)

 


 

 

   
             
 







   
 

 

 

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