UTTARANCHAL VAT DRAFTS

1. The tax payable by a dealer under this Act shall be levied on his taxable turnover at such rates as may be prescribed in Schedules under sub-section (2), but not exceeding-
   (a) the maximum rate for the time being specified in Section 15 of Central Sales Tax Act, 1956 in respect of declared goods, and
   (b) 50 percent in respect of goods other than the goods referred to in clause (a) above;
2. (1) No tax under this Act shall be payable on the sale or purchase of the goods specified in Schedule-I; (1) Subject to the provisions of Section 3, a dealer shall be liable to pay tax on his taxable turnover-

   (a) At every point of sale at the rate hereafter provided: (i) In respect of goods specified in Schedule II (A) 1 percent (ii) In respect of goods specified in Schedule II (B) 4 percent (iii) In respect of goods specified in Schedule II (C) 20 percent (iv) In respect of goods other than those included 12.5 percent in any of the Schedules (b) at the point of sale by manufacturer or sale by 20 percent importer in respect of Special Category Goods specified in Schedule III

3. (i) When goods are sold or purchased in containers or packed in any packing material, the rate of tax applicable to such containers or packing material, as the case may be, shall, whether the price of container or packing material is charged separately or not, be the same as those applicable to the goods contained or packed and turnover in respect of container and packing material shall be included in the turnover of such goods. (ii) Where the sale of goods contained in container or packed in packing material is exempt from tax, then the sale of such container or packing material shall also be exempt from tax.

4. The State Government may, by notification in the official gazette, declare different rates in respect of different goods, or add or remove any schedule (s), or add to, amend or alter any Schedule of this Act,

5. Every dealer shall pay a tax on the net turnover, determined in the prescribed manner, in respect of- (i) transfer of the right to use any goods for any purpose (whether or not for a specified period) at the rate of five percent; (ii) transfer of property in goods ( whether as goods or in some other form) involved in the execution of works contract at such rates as are provided under sub-section (2) above; Provided that where any goods purchased are involved in execution of works contract and tax has been paid or is payable with in the State in accordance with provisions under Section 3 at the rate prescribed under sub-section (2) of Section 4, on any earlier sale or purchase of such goods, tax shall not be levied on the purchase price of such goods under a works contract. Provided further that the State Govt. may, by notification in the Gazette, declare different rates for different goods or for different class of dealers so as not to exceed (i) maximum rate of tax prescribed under Section15 of the Central Sales Tax Act, 1956, in respect of declared goods, and (ii) 20 % in respect of goods other than declared goods.

6. Rebate on tax on certain purchases and sales: (1) Subject to such conditions as it may impose, the Government may, if it deems necessary so to do in the public interest, by notification in the Official Gazette, exempt the sale or purchase of any goods or any sales or purchases made to or by a class of dealers or persons specified in the said notification from payment of the whole or any part of any tax payable under the provisions of this Act, and any notification issued under this section may be issued so as to be retrospective to any date not earlier than the date of commencement of this Act and such exemption shall take effect from the date of the publication of the notification in the Gazette or such other earlier or later date as may be mentioned therein; (2) Where any dealer or person has purchased any goods under a declaration or certificate given by him under any notification issued under this section and- (i) any of the conditions subject to which such exemption was granted; or (ii) any of the restrictions or the conditions of the declaration or the certificate are not complied with for any reasons whatsoever, then without prejudice to the other provisions of this Act, such dealer or person shall be liable to pay tax on the sale price of the goods at the rate setout against each of such goods in the schedule under Section 4 notwithstanding that such dealer or person was not liable to pay tax under any other provisions of this Act and accordingly the dealer or the person who has become liable to pay tax under this sub-section shall file a return including the sale price of such goods therein, and also pay the tax, in the prescribed manner. The tax due from any such dealer or person shall be assessed and recovered as if the person or dealer is a dealer liable to be proceeded against under the provisions of this Act. (3) If the assessing authority has reason to believe that any person or dealer is liable to pay tax under sub-section (2), the assessing authority, shall, after giving him reasonable opportunity of being heard, assess the amount of tax so due.

7. Every notification made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly while it is in session, for a total period of not less than fourteen days, extending in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of its publication in the Gazette subject to such modifications or annulments as the State Legislative Assembly may during said period make. However any such modification or annulment shall be without prejudice to the validity of any thing previously done thereunder except that any imposition, assessment, levy or collection of tax or penalty shall be subject to the said notification or annulment.

8. Levy of Presumptive Tax on certain Registered Dealers:- All registered dealers whose gross turnover of sales does not exceed rupees Five lakhs, subject to such conditions and restrictions as may be prescribed shall pay, in lieu of the tax under the provisions of this Act, a tax at such percentage on the entire taxable turnover of such sales and purchases as the Govt. may, by order, notify, subject to the conditions that such dealer shall not be entitled to charge or collect any tax on such sales and shall not be entitled to any input tax credit on his purchases; Provided that this sub-section shall not apply to a registered dealer who is an importer or a manufacturer, or who imports goods from or export goods outside the territory of India; Provided further that a registered dealer may, by exercising options in the prescribed manner, elect to pay tax as specified in Section 3 of this Act in lieu of the provisions of this sub-section.

9. Notwithstanding any thing contained in this section, the State Government may, grant moratorium for payment of the admitted tax to industrial units under the provisions of Section 79 of this Act.
   
   
   
   

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