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VAT Act - Bihar
 
     
                                 
                       
 
 
BIHAR VALUE ADDED TAX ACT 2005
Section|
Section heading
 
 

Chapter I - PRELIMINARY








 
1

Short title, extent and commencement

 

2

Definitions

 
Chapter II - INCIDENCE OF TAX

3

Charge of tax

3A

Surcharge

3AA

Additional 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 the series of sales at which the sales tax shall be levied

14

Rate of Tax

15

Compounding of tax liability in certain cases

15A

Compounding of tax liability

16

Input tax credit

17

Exports to be zero-rated
18
Rate of tax on packing materials and containers
Chapter V - Registration
 
19
Registration
20
Amendment and cancellation of registration certificate
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
24A
Returns of certain classes of dealers
25

Scrutiny of returns

26

Self Assessment of tax

27

Assessment of dealer not filing return

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 ordinance

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

50

Period of Limitation for Recovery of Tax

51

Tax to be First Charge on Property

Chapter VII - BOOKS OF ACCOUNTS 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 Accounts, Inspection, Search and seizure
 
57

Cross Checking or Verification of Transactions

58

Survey

59

Control on Clearing, Forwarding or Booking Agent and any person

Chapter IX - CHECK-POSTS AND RESTRICTIONS ON MOVEMENT

60

Establishment of Check-posts
61
Restriction on Movement of Goods
 
62

Transportation through the 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.

Chapter XI - REFUND AND ADJUSTMENTS
68

Refunds

69

Provisional Refunds

69A

Refund in Certain Cases

70
Interest on Delayed Refund
71
Power to withhold Refund in certain cases
Chapter XII - APPEALS, REVISION, REVIEW AND REFERENCE
72
Appeal to Deputy Commissioner and Joint Commissioner
73

Appeal to Tribunal

 
73A

Miscellaneous Revisionl

74

Revisionary Powers of the Commissioner

75
Additional Evidence in Appeal or Revision
76

Review

77
Determination of Disputed Questions
78

Power to Transfer Proceedings

79

Appeal before High Court

80
Case before High Court to be heard by not less than two Judges
Chapter XIII - OFFENCES AND PENALTIES
81
Offences and Penalties
82
Cognizance of Offences
83
Investigation of Offences
 
84

Offences by Companies and Others

85
Compounding of Offences
Chapter XIV - BUREAU OF INVESTIGATION
86

Bureau of Investigation

Chapter XV - MISCELLANEOUS

87

Appearance before Taxing Authorities

88

Change of an Incumbent of an Office
 

89

Bar to certain Proceedings
 
90
Disclosure of Information by a Public Servant
91
Agreements to Defect Liability to Pay Tax under this Ordinance
92
Write off of Dues
Chapter XV - REPEAL AND SAVINGS, RULE MAKING POWERS, etc.
93
Power to make Rules
94
Repeal and Savings
95
Declaration of Stock of Goods held on the Appointed Day
 
96
Transitory Provisions
97
Construction of References in any Repealed Law to Officers, Authorities, etc.
98A
Removal of Difficulty
98
Removal of Difficulty
99
Laying of certain Notifications on the table of the State Legislature
 
100
Validation of Bihar Value Added Tax Ordinance, 2005

 

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