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Sales Tax Instructions

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<strong>Sales</strong> <strong>Tax</strong> <strong>Instructions</strong>, 2009<br />

VAT mode. This notification, therefore, addresses the difficulties of such taxpayers in the<br />

weaving sector for the period upto 30.6.1998.<br />

5. S.R.O. 395(I)/2001, dated 18.06.2001:- The overwhelming bulk of<br />

weaving and sizing sector remained completely outside the tax net till recently. The<br />

recent compliance to GST requirements by such units was on the basis of verbal<br />

assurances from the government to forgo their liabilities for the past. This notification has<br />

been issued to take care of difficulties of such weaving and sizing units etc.<br />

6. Guidelines:- In other to ensure that these notifications are not<br />

misinterpreted or the relief admissible thereunder is not misused by any person, the<br />

Collectorates are directed to follow the following instructions:-<br />

i) The said notifications need to be understood in the right perspective.<br />

They are not amnesty schemes but conditional relief notifications<br />

covering precisely defined categories of taxpayers. They address the<br />

technical objections faced by affected units due to transition from fixed<br />

tax system to VAT mode. The determining factor is that such taxpayers<br />

steadfastly remained registered and (generally) continued to comply,<br />

albeit in a flawed manner;<br />

ii)<br />

iii)<br />

iv)<br />

None of these notifications is meant for such taxpayers who, merely to<br />

avoid or evade their emerging tax obligations, surrendered their sales tax<br />

registrations or became consistent non-filers or they started afresh under<br />

some other registration number or simply skipped out of the system.<br />

Benefit of these notifications is also not admissible to those taxpayers<br />

who were guilty of tax fraud (not merely departmental allegation of tax<br />

fraud but legally substantiated or sustainable tax fraud);<br />

These notifications are only for alleviation of difficulties of those who<br />

seek redress with clean hands. In each of these notifications, waiver or<br />

exemption covers only the period upto the start of compliance to the<br />

VAT mode and not even for one day thereafter;<br />

Each of the notifications contains certain conditions which need to be<br />

fulfilled by a person before availing the benefit thereof. The Collectors of<br />

<strong>Sales</strong> <strong>Tax</strong> are required to issue formal orders for grant of relief under<br />

these notifications. The Collectors may however, nominate any<br />

Additional Collector under their jurisdiction to work on their behalf in<br />

this regard;

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