Andhra Pradesh Value Added Tax Act, 2005

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HomeBrud.gifIndian LawBrud.gifIndian ActsBrud.gifAndhra Pradesh ActsBrud.gifAndhra Pradesh Value Added Tax Act, 2005

The following Act of the Andhra Pradesh Legislative Assembly which was reserved by the Governor on the 16th March, 2005 for the consideration and assent of the President received the assent of the President on the 25th March, 2005 and the said assent is hereby first published on the 28th March, 2005 in the Andhra Pradesh Gazette for general information :- ACT No. 5 OF 2005.

AN ACT TO PROVIDE FOR AND CONSOLIDATE THE LAW RELATING TO LEVY OF VALUE ADDED TAX ON SALE OR PURCHASE OF GOODS IN THE STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty sixth Year of the Republic of India as follows:

Contents

CHAPTER I: PRELIMINARY

CHAPTER II: APPELLATE TRIBUNAL AND APPOINTMENT OF OFFICERS

  • 3 Constitution of Appellate Tribunal
  • 3A Appointment of Officers

CHAPTER– III: INCIDENCE, LEVY AND CALCULATION OF TAX

  • 4 Charge to tax
  • 5 Act not to apply
  • 6 Tax on packing material
  • 7 Exemptions
  • 8 Zero-rated sales
  • 9 No input tax credit for Schedule VI goods
  • 10 Turnover tax
  • 11 Calculation of tax payable
  • 12 VAT payable / creditable
  • 13 Input Tax Credit
  • 14 Tax Invoices
  • 15 Power of State Government to Grant refund of Tax
  • 16 Burden of proof and liability of the dealer

CHAPTER IV: REGISTRATION

  • 17 Registration of dealers
  • 18 TIN & GRN
  • 19 Cancellation of Registration

CHAPTER V: PROCEDURE AND ADMINISTRATION OF TAX

Returns and Assessments

  • 20 Returns
  • 21 Assessments

Payment and Recovery of Tax

  • 22 Due date for payment of tax
  • 23 Liabilities of Executor, Administrator, Legal Representative
  • 24 Liability of Partnership Firms and Assessment of Dissolved Firms
  • 25 Tax as an arrear of land revenue
  • 26 Preferential claim to assets
  • 27 Transfer to defraud revenue void
  • 28 Powers of Deputy Commissioner for revenue recovery
  • 29 Recovery of tax from third parties
  • 30 Recovery of tax when business is transferred

Appeals and Revisions

  • 31 Appeal to Appellate Authority
  • 32 Revision by Commissioner & Others
  • 33 Appeal to Appellate Tribunal
  • 34 Revision by High Court
  • 35 Appeal to High Court
  • 36 Petitions, Applications to the High Court to be heard by a bench of not less than two Judges
  • 37 Limitation in respect of certain assessments or re-assessments

Refund of tax

  • 38 Refund of tax
  • 39 Interest on over payments and late refunds
  • 40 Power to adjust / withhold refunds

CHAPTER VI: RECORDS AND INVESTIGATION POWERS

  • 41 Issue of Bills Records
  • 42 Records
  • 43 Access and Seizure of goods, books, records and computers
  • 44 Fair Market Value

CHAPTER VII: ESTABLISHMENT OF CHECK POSTS

  • 45 Establishment of Check-Posts
  • 46 Power to inspect carrier’s places
  • 47 Transit Passes
  • 48 Possession and submission of certain records by owners etc., of goods vehicle

CHAPTER VIII: OFFENCES AND PENALTIES

  • 49 Penalty for failure to register
  • 50 Penalty for failure to file a return
  • 51 Penalty for failure to pay tax when due
  • 52 Penalty for assessments issued for failure to file a return
  • 53 Penalty for failure to declare tax due
  • 54 Penalty for Failure to use or misuse TIN & GRN
  • 55 Penalty for failure to issue a tax invoice and for the use of false tax invoices
  • 56 Penalty for failure to maintain records
  • 57 Penalty for unauthorized collection of tax
  • 58 Prosecution for offence
  • 59 Offences of obstructing an authority
  • 60 Offences by companies
  • 61 Compounding of offences
  • 62 Court for prosecution
  • 63 Power to summon witnesses and production of documents
  • 64 Power to get information
  • 65 Bar of Jurisdiction
  • 66 Appearance before any authority

CHAPTER– IX: GENERAL PROVISIONS

  • 67 Clarification and Advance Rulings
  • 68 Ongoing contracts
  • 69 Tax Deferment
  • 70 Protection of Acts done in good faith
  • 71 Submission of returns by banks.
  • 72 Provision in the case defective or irregular proceedings
  • 73 Rounding off of turnover
  • 74 Rounding off of tax etc
  • 75 Powers of Subordinate officers may be exercised by higher authorities
  • 76 Power to remove difficulties
  • 77 Instructions to subordinate officers
  • 78 Power to make Rules
  • 79 Power to amend schedules

CHAPTER – X GENERAL PROVISION

  • 80 Repeal
  • 81 Repeal of Ordinance 1 of 2005
  • 82 Schedules

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