Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
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> 32<br />
(b)<br />
(c)<br />
to inspect or examine any goods or books, records or other documents,<br />
whether kept on computer or otherwise, found therein; and<br />
to seize those goods, books, records or other documents or any<br />
computer, device, apparatus, materials or computer s<strong>of</strong>tware used in<br />
connection with the business, where such seizure is necessary for any<br />
examination or investigation. 128*<br />
(2) Subsection (1) shall not apply to any person referred to in section 32(3).<br />
(3) Any goods, books, records or other documents or computer, device, apparatus,<br />
material or computer s<strong>of</strong>tware seized under subsection (1)(c) shall be returned to the person<br />
from whom they were seized when no longer required. 129*<br />
36. Proceedings for temporary closing down <strong>of</strong> business 130*<br />
(1) Where, in respect <strong>of</strong> a taxable period, a registered person -<br />
(a)<br />
(b)<br />
fails to submit a return under section 22 or fails to pay the tax payable<br />
under that section on or before the last day on which the return is<br />
required to be submitted and payment <strong>of</strong> tax made; and<br />
the Director-General is <strong>of</strong> the opinion that tax ought to have been paid<br />
by the registered person for that taxable period,<br />
the Director-General may notify the person in writing <strong>of</strong> his intention to close down part or<br />
the whole <strong>of</strong> the business <strong>of</strong> that person for a temporary period not exceeding 14 days, unless<br />
the person complies with the requirement <strong>of</strong> that section within a period <strong>of</strong> 7 days <strong>of</strong> the date<br />
<strong>of</strong> the notice.<br />
(2) (a) Where the registered person fails to comply with the notice issued<br />
under subsection (1), the Director-General may make an application<br />
under oath, in such form as may be prescribed, to a District Magistrate<br />
for an order to close down part or the whole <strong>of</strong> the business <strong>of</strong> that<br />
person for a period not exceeding 14 days.<br />
(b)<br />
(c)<br />
Where an application under oath is made to a Magistrate in the manner<br />
specified in paragraph (a), the Magistrate may forthwith grant the<br />
application.<br />
Upon granting an application under paragraph (b), the Magistrate shall<br />
issue an order to an Usher, in such form as may be prescribed, to close<br />
down the business <strong>of</strong> the person in accordance with the provisions <strong>of</strong><br />
this section.<br />
(3) Where an Usher executes an order under subsection (2), he shall affix in a<br />
conspicuous place on the front <strong>of</strong> the premises <strong>of</strong> the business or part <strong>of</strong> the business which<br />
has been closed, a notice duly certified by the Director-General bearing the words “CLOSED<br />
* Please refer to endnotes at Appendix Page 32 <strong>of</strong> 107