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Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...

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MRA <strong>The</strong> <strong>Value</strong> <strong>Added</strong> <strong>Tax</strong> <strong>Act</strong> 30<br />

reasonable assistance and to answer all proper questions either orally<br />

or in writing. 121*<br />

(2) For the purposes <strong>of</strong> this <strong>Act</strong>, the Director-General may, at any time, cause a<br />

physical stocktaking <strong>of</strong> the goods <strong>of</strong> a registered person to be carried out.<br />

(3) Subsection (1) shall not apply to any person -<br />

(a)<br />

(b)<br />

who carries on any banking business, or the business <strong>of</strong> dealings in<br />

foreign currency, regulated by the Banking <strong>Act</strong> 2004, the Bank <strong>of</strong><br />

<strong>Mauritius</strong> <strong>Act</strong> 2004, or any other enactment relating thereto; or 122*<br />

who carries on the business <strong>of</strong> providing financial services regulated<br />

by the Financial Services Development <strong>Act</strong> 2001 123* .<br />

(4) Any person who -<br />

(a)<br />

(b)<br />

fails to provide such assistance or to answer such questions as may be<br />

required under this section; or<br />

obstructs the Director-General or any <strong>of</strong>ficer in the exercise <strong>of</strong> his<br />

powers under this section, 124*<br />

shall commit an <strong>of</strong>fence and shall, on conviction, be liable to a fine not exceeding 200,000<br />

rupees and to imprisonment for a term not exceeding 5 years.<br />

32A. Power to access computers and other electronic devices 125*<br />

(1) For the purposes <strong>of</strong> ascertaining the tax liability <strong>of</strong> any person under this <strong>Act</strong>,<br />

the Director-General may, subject to subsection (2), at any reasonable time –<br />

(a) have access to –<br />

(i) any computer, computer s<strong>of</strong>tware, whether installed in the<br />

computer or otherwise, electronic till or any other device, used<br />

connection with any document which the person is required to<br />

produce for the purpose <strong>of</strong> ascertaining his tax liability: or<br />

(ii) any information, code or technology which has the capability <strong>of</strong><br />

retransforming or unscrambling encrypted data contained or<br />

available to such computers or devices into readable and<br />

comprehensive format or text;<br />

(b)<br />

(c)<br />

inspect and check the operation <strong>of</strong> any such computer, electronic till<br />

or other device and make extracts <strong>of</strong> any computer s<strong>of</strong>tware, computer<br />

output or such other documents used in connection therewith;<br />

require any person by whom or on whose behalf the computer or other<br />

electronic device is operated, or any person concerned with the<br />

* Please refer to endnotes at Appendix Page 30 <strong>of</strong> 107

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