Value Added Tax Act and Rules
Value Added Tax Act and Rules
Value Added Tax Act and Rules
Arrangement of Sections
GOVERNMENT OF GOA
Department of Law & Judiciary
Legal Affairs Division
—
Notification
7/6/2005-LA
The Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005), which has been passed by
the Legislative Assembly of Goa on 13-01-2005 and assented to by the President of India
on 31-03-2005, is hereby published for general information of the public.
S. G. Marathe, Under Secretary (Drafting).
Panaji, 31st March, 2005.
______
1. Short title, extent and commencement.— (1) This Act may be called the Goa
Value Added Tax Act, 2005.
3) It shall come into force on such date as the Government may, by notification in the
Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and
any reference under any such provision to the appointed date, shall be construed as a
reference to date of enforcement of that provision.
Manual of Goa Laws (Vol. IV) – 944 – Value Added Tax Act and Rules
any other goods which is notified by the Government and used in furtherence of any
business excluding such civil structures as may be prescribed;
(g) ―casual trader‖ means a dealer who, whether as principal, agent or in any other
capacity, has occasional or seasonal transaction involving the selling, supplying or
distribution of goods or conducting any exhibition-cum-sale in Goa whether for cash
or for deferred payment, commission, remuneration or other valuable consideration;
(h) ―Company‖ means a company as defined in section 3 of the Companies Act,
1956 (Central Act 1 of 1956) and includes a body corporate or corporation within the
meaning of clause (7) of section (2) or Foreign Company referred to in section 591 of
that Act;
(i) ―Commissioner‖ means the person appointed to be the Commissioner of
Commercial Taxes 1[ ] for the purposes of this Act;
(j) ―to cultivate personally‖ means to carry on any agricultural operation on one‘s
own account,—
(i) by one‘s own labour, or
(ii) by the labour of one‘s family, or
(iii) by servants on wages payable in cash or kind (but not in crop share), or by
hired labour under one‘s personal supervision or the personal supervision of any
member of one‘s family;
Explanation I:— A widow or a minor, or a person who is subject to any physical or
mental disability or is a serving member of the armed forces of the Union, shall be
deemed to cultivate land personally if it is cultivated by her or his servants or by hired
labour.
Explanation II:— In the case of a Hindu undivided family, land shall be deemed to be
cultivated personally, if it is cultivated by any member of such family.
(k) ―dealer‖ means any person who carries on the business of buying, selling,
supplying or distributing goods, executing works contract, delivering any goods on
hire purchase or any system of payment by instalments, transferring the right to use
any goods or supplying by way of or as part of any service, any goods directly or
otherwise, whether for cash or for deferred payment, or for commission, remuneration
or other valuable consideration and includes;
(a) a casual trader;
(b) a commission agent, a broker or a del-credere agent or an auctioneer or any
other mercantile agent, by whatever name called;
(c) a non-resident dealer or an agent of a non-resident dealer, or a local branch of
a firm or company or association or body of persons whether incorporated or not,
situated outside the State;
(d) a person who, whether in the course of business or not,—
1
The words ―/Sales Tax or Value Added Tax‖ omitted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 946 – Value Added Tax Act and Rules
Provided that where there is a single contract of sale in respect of goods situated in
Goa as well as in places outside Goa, provisions of this Explanation shall apply as if there
were a separate contract of sale in respect of the goods situated in Goa.
(ad) ―sale price‖ means the amount of valuable consideration received or receivable by
a dealer for the sale of any goods less any sum allowed as cash discount, according to the
practice normally prevailing in the trade, but inclusive of any sum charged for anything
done by the dealer in respect of the goods at the time of or before delivery thereof, excise
duty, special excise duty or any other duty or taxes except the tax imposed under this Act;
2
[Provided that in case of transfer of property in goods (whether as goods or in some
other from) involved in the execution of a works contract, the sale price of such goods
shall be determined in the prescribed manner by making such deductions from the total
consideration for the works contract as may be prescribed and such price shall be deemed
to be the sale price for the purpose of this clause.]
(ae) ―Schedule‖ means the Schedule appended to this Act;
(af) ―State‖ means the State of Goa;
(ag) ―Government‖ means the Government of Goa;
(ah) ―tax‖ means a tax, payable under this Act;
(ai) ―taxable goods‖ means goods other than those specified in Schedule D;
(aj) ―tax period‖ means such period as may be prescribed as tax period;
(ak) ―Tribunal‖ means the Tribunal constituted under section 14 of this Act;
(al) ―taxable turnover‖ means the turnover on which a dealer shall be liable to pay
tax as determined after making such deductions from his total turnover and in such
manner as may be prescribed, but shall not include the turnover of sale in the course of
interstate trade or commerce or in the course of export of the goods out of the territory
of India or in the course of import of the goods into the territory of India and the value
of goods transferred or dispatched outside the State otherwise than by way of sale;
(am) ―turnover‖ means the aggregate amount of sale price for which goods are sold
or supplied or distributed by a dealer, either directly or through another, whether on
own account or on account of others, whether for cash or for deferred payment, or
other valuable consideration;
(an) ―taxable sale‖ means sale which is taxable under the provisions of this Act;
(ao) ―taxable person‖ means every person who is registered or is liable to be
registered and liable to pay tax under this Act;
(ap) ―vehicle‖ includes every wheeled conveyance used for the carriage of goods
solely or in addition to passengers;
(aq) ―Works contract‖ shall include any agreement for carrying out for cash,
deferred payment or other valuable consideration, the building, construction,
2
Inserted by the Amendment Act 24 of 2008.
Manual of Goa Laws (Vol. IV) – 950 – Value Added Tax Act and Rules
CHAPTER II
3. Incidence of Tax.— (1) Every dealer, whose turnover of all sales made during—
(i) the year ending on the 31st day of March of the year preceding the year in which
this Act is enforced; or
(ii) the year commencing on the 1st day of April of the year during which this Act is
enforced;
has exceeded or exceeds the relevant limit specified in sub-section (4), of this section
shall until such liability ceases under sub-section (3), be liable to pay tax under this Act
on his turnover of sales, made, on or after the appointed day:
Provided that, a dealer to whom clause (i) of sub-section (1) does not apply but clause
(ii) applies and whose turnover of all sales first exceeds the relevant limit specified in
sub-section (4) of this section after the appointed day shall not be liable to pay tax in
respect of sales which take place up to the time when his turnover of sales, as computed
from the first day of the year during which this Act is enforced, does not exceed the
relevant limit applicable to him under sub-section (4).
(2) Every dealer whose turnover, of all sales made, during any year commencing on
the first day of the year, being a year subsequent to the years mentioned in sub-section
(1), first exceeds the relevant limit specified in sub-section (4), shall, until such liability
ceases under sub-section (3), be liable to pay tax under this Act with effect from the said
date:
Provided that, a dealer shall not be liable to pay tax in respect of such sales as take
place during the period commencing on the first day of the said year up to the time
when his turnover of sales does not exceed the relevant limit applicable to him under
sub-section (4).
(3) Every dealer who has become liable to pay tax under this Act, shall continue to be
so liable until his registration is duly cancelled; and upon such cancellation his liability to
pay tax, shall cease other than tax, already levied or leviable:
Provided that, if the dealer becomes liable to pay tax again in the same year in which
he ceased to be liable as aforesaid, then in respect of such sales as take place during the
period commencing on the date of the cessation of liability to tax and up to the time
when his turnover of sales does not exceed the relevant limit applicable to him under
sub-section (4), no tax shall be payable by him.
Manual of Goa Laws (Vol. IV) – 951 – Value Added Tax Act and Rules
(4) For the purposes of this section, the limits of turnover shall be as follows—
(i) Limit of Turnover of In case of Non-resident dealer and casual trader.
Rs. 10000/-
(ii) Limit of turnover of In case of importer/manufacturer.
Rs. 1,00,000/-
(iii) Limit of turnover of In any other case.
Rs. 5,00,000/-
(5) For the purpose of calculating the limit of turnover for liability to tax,—
(a) except as otherwise expressly provided, the turnover of all sales shall be taken,
whether such sales are taxable or not or of taxable goods or not;
(b) the turnover shall include all sales made by the dealer on his own account, and
also on behalf of his principals whether disclosed or not;
(c) in the case of an auctioneer, in addition to the turnover, if any, referred to in
clauses (a) and (b), the turnover shall also include the price of the goods auctioned by
him for his principal, whether the offer of the intending purchaser is accepted by him
or by the principal or a nominee of the principal, if the price of such goods is received
by him on behalf of his principal;
(d) in the case of a manager or agent of a non-resident dealer, in addition to the
turnover, if any, referred to in clauses (a), (b) or (c), the turnover shall also include the
sales of the non-resident dealer effected in the State.
(6) Notwithstanding anything contained in any contract or any law for the time being
in force, but subject to the provisions of this Act, any person covered by sub-clauses (a),
(b) and (c) of clause (k) of section 2 shall be liable to pay tax under this Act, whether or
not the principal is a dealer and whether or not such principal is liable to pay tax under
this section and whether or not the principals are disclosed.
(7) Liability of dealers registered under the Central Sales Tax Act, 1956 (Central Act
74 of 1956)—
Every dealer shall, notwithstanding that he is not liable to pay tax under any of
sub-sections (1) to (3) of section 3, be liable to pay tax under this Act so long as he is
registered under the Central Sales Tax Act, 1956 (Central Act 74 of 1956), on all sales
effected by him or on his behalf within Goa, on or after the date of his liability or the date
of his registration, whichever is earlier, under the Central Sales Tax Act, 1956 (Central
Act 74 of 1956):
Provided that no tax shall be payable in respect of sales in any period prior to
commencement of liability under this Act.
(8) Liability of exporters and dealers effecting stock transfers outside the State:—
Every dealer exporting any goods outside India or effecting stock transfers to any
States and Union territories within India, shall, notwithstanding that he is not liable to pay
Manual of Goa Laws (Vol. IV) – 952 – Value Added Tax Act and Rules
tax under any of sub-sections (1) to (3) of section 3, be liable to pay tax under this Act on
all taxable sales effected within the State.
3
[(9) Special liability of person organizing or conducting exhibition.— Any person
organizing or conducting exhibition either for sale of goods or for promoting goods for
sale, by providing stalls or space to other persons or dealers under the banner of specific
name and style or under a common roof, for a specific period, shall, notwithstanding that
such participating persons or dealers are individually liable to pay tax under any of the
provisions of this section, be liable to pay tax on all taxable sales effected by such
participating persons or dealers during such exhibition.].
4. Taxes Payable by a Dealer or a Person.— Subject to the provisions of this Act
and of any rules or notifications, there shall be paid by every dealer or, as the case may
be, every person who is liable to pay tax under this Act, the tax or taxes leviable in
accordance with the provisions of this Act.
5. Levy of Value Added Tax on Goods specified in the Schedule.— (1) Levy of
Value Added Tax on Goods specified in the Schedule (Output Tax).-
There shall be levied a Value Added Tax (output tax) on the turnover of sales of goods
at rates hereinafter provided:
(a) In respect of goods specified in Schedule ‗A‘, @ 1 paisa in a rupee.
(b) In respect of goods specified in Schedule ‗B‘, @ 4 paise in a rupee.
(c) In respect of goods specified in Schedule ‗C‘, at the rates shown against each of
the entry.
(d) In respect of goods specified in Schedule ‗D‘, exempt from tax.
(e) In the case of any other goods, at the rate of 121/2 paise in a rupee.
(2) Zero Rate for Exports.— (a) When calculating the output tax in relation to any
dealer, sale of goods in course of export outside the territory of India shall be deemed as
taxable at the zero rate.
(b) The Government may, by notification published in the Official Gazette and
subject to such terms and conditions as may be specified in this behalf, extend zero
rate of tax for transactions effected from 4[Domestic Tariff Area] to Special Economic
Zone or for 100% export oriented units or Software Technology Park units or
Electronics Hardware Technology Park units or for any such manufacturing or
processing units as it may deem fit.
(3) Rate of Tax on Packing Materials.— Where any goods are sold and such goods
are packed in any materials, the tax shall be payable on the sales of such packing
material, whether such materials are separately charged for or not, at the same rate of tax,
if any, at which tax is payable on the sales of goods so packed.
3
Inserted by Amendment Act 2 of 2011.
4
Substituted by the Amendment Act 15 of 2005.
Manual of Goa Laws (Vol. IV) – 953 – Value Added Tax Act and Rules
(4) Amendment to the Schedule.— (i) The Government may, by notification in the
Official Gazette,—
(a) reduce any rate of tax,
(b) enhance any rate of tax,
and may, by like notification, 5[add to, or omit from, or otherwise amend any entry of,
the Schedule] and thereupon the Schedule shall be deemed to have been amended
accordingly.
(ii) Any notification issued under clause (i) shall take effect prospectively, either
from the date of publication thereof in the Official Gazette or from such later date as
may be mentioned therein.
(iii) The provisions contained in sub-section (4) of section 83 regarding rules made
by the Government shall apply mutatis mutandis to any notification issued under
clause (i), as they apply to rules made by the Government.
6. Reimbursement and Exemption of Tax.— (1) Tax collected under this Act on
purchases made by specialized agencies of United Nations Organizations or Diplomatic
Mission/Consulates or Embassies of any other country and their diplomats shall be
reimbursed in such manner and subject to such conditions as may be prescribed.
(2) In respect of any goods not entitled for input tax credit and covered by Schedule
‗C‘ appended hereto purchased within the State on payment of tax under this Act, the
Government may subject to such conditions as it may impose, by Notification exempt
subsequent sales thereof from payment of output tax for such period as may be notified.
6
[(3) In respect of any goods other than capital goods and such other goods as specified
in Schedule ‗G‘ appended to this Act, or in sub-section (2) of section 9, used in the
manufacturing or processing of finished products dispatched other than by way of sales,
the Government may, notwithstanding anything contained in section 9, by notification,
allow input tax credit in excess of the rate of tax specified in sub-section (1) of section 8
of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) on such goods purchased
within the State subject to such terms and conditions as may be specified in the
notification.]
7
[(4) Notwithstanding anything contained in sub-section (2), the Government may, in
respect of any goods covered by Schedule ―G‖ appended to this Act, by notification,
exempt the sales inter-se dealers thereof, from levy and payment of output tax, when
effected within the State, on such conditions as may be specified therein, and any such
sales shall not be treated as ―subsequent sale‖ as provided, in sub-section (2).]
and who is liable to pay tax under 8[sub-section (1), (2) and (3) of] section 3, so elects, the
Commissioner may accept towards composition of tax, in lieu of the net amount of tax
payable by him under this Act, during the year, an amount at the rate shown against
respective class of dealers in the said Schedule calculated on total turnover, either in full
or in instalments, as may be prescribed.
[Provided that any dealer of the class specified in Schedule ‗E‘ who is liable to pay
9
tax under sub-sections (2) and (3) of section 3, may, at any time during the year, by
making self declaration that his turnover of sales during the said year will not exceed the
limit specified in the said Schedule ‗E‘ apply for composition of tax under this section.]
10
[(1A) In the event of transfer of business under any of the circumstances as provided
under section 19, the total turnover for the purposes of sub-section (1) shall be the
aggregate of the turnover of the transferor as well as the transferee during the year and the
prescribed conditions, if any, shall be applicable with reference to such aggregate of the
turnover.]
(2) Any dealer eligible for composition of tax under sub-section (1) shall not:—
(a) be permitted to claim any input tax credit on purchases and on stock held on the
appointed day or on the day from which he is held liable to pay tax under this Act or
on the day on which his Registration Certificate is made valid, as the case may be;
(b) charge any tax under this Act in his sales bill or sales invoice in respect of sales
made by him,
(c) issue tax invoice to any dealer who has purchased the goods from him.
N. B.:— Total turnover for the purposes of this section will include aggregate sales of
taxable and non-taxable goods.
11
[(3) Any dealer who is eligible for composition of tax under sub-section (1), fails to
file returns for all the quarters of the year within the time prescribed, he shall be
disqualified for the composition of tax for the next two consecutive years.]
8. Net Tax of a Registered Dealer.— (1) Subject to provisions of section 9, the net
tax payable by a registered dealer for a tax period shall be calculated according to the
following formula:—
A – B,
Where,—
A = total of the tax payable in respect of taxable turnover made by the registered dealer
during the tax period; and
B = total input tax credit allowed to the registered dealer for the tax period.
8
Inserted by the Amendment Act 15 of 2005.
9
Inserted by the Amendment Act 15 of 2005 .
10
Inserted by the Amendment Act 15 of 2005.
11
Inserted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 955 – Value Added Tax Act and Rules
(2) Where the amount determined by the formula in sub-section (1) is a negative
amount, the registered dealer may carry forward the amount to the next tax period as per
provisions of section 10.
(3) Every registered dealer shall pay in full the net tax payable by him for the tax
period at the time that dealer is required to file his return as may be prescribed.
9. Input Tax Credit.— (1) Subject to such conditions and restrictions as may be
prescribed Input Tax Credit either partially or wholly shall be allowed for the tax paid
during the tax period in respect of goods including capital goods purchased and/or taken
on hire or leased to him within Goa, other than those specified in Schedule ‗G‘ and/or
such other goods as may be notified from time to time by the Government, provided, the
goods purchased are for resale in Goa or for sale in course of Inter State Trade or in
course of export outside the territory of India or used by him as raw materials/capital
goods in the manufacture or processing of taxable goods in Goa or for sale by transfer of
right to use.
(2) No input tax credit under sub-section (1) shall be claimed or be allowed to a
registered dealer:—
(i) in respect of goods purchased on payment of tax if such goods are not sold
because of theft or destruction for any reason;
(ii) in respect of stock of goods remaining unsold at the time of closure of business;
(iii) in respect of any taxable goods under the Act purchased by him from another
registered dealer for resale but given away by way of free samples or gifts;
(iv) 12[in respect of capital goods/industrial inputs and packing materials], covered
under Schedule ‗B‘ of the Act, if said goods are utilized for the purposes other than
those covered in the prescribed declaration;
(v) in respect of goods purchased from a dealer who has opted for composition of
tax under sub-section (1) of section 7;
(vi) 13[in respect of capital goods or capital assets ]:—
(a) purchased or paid prior to appointed day;
(b) capital expenditure incurred prior to the date of registration under this Act;
(c) capital goods not connected with the business of the dealer;
(d) capital goods used in the manufacture of goods or providing services which
are not liable to tax under this Act;
(e) capital goods used in generation of energy/power including captive power;
(f) motor cars, its accessories and spare parts.
12
Substituted by the Amendment Act 15 of 2005.
13
Substituted by the Amendment Act 12 of 2008.
Manual of Goa Laws (Vol. IV) – 956 – Value Added Tax Act and Rules
14
[(vii) in respect of taxable goods sold within the State or in the course of inter-State
trade or commerce within the meaning of section 3 of the Central Sales Tax Act, 1956
(Central Act 74 if 1956), exempted from payment of tax under any specific notification
issued under this Act or under the said Central Sales Tax Act, 1956;
(viii) in respect of goods used in the manufacture or processing of finished goods
dispatched other than by way of sales outside the State;]
15
[(ix) in respect of purchase of motor vehicle including car, three wheeler and two
wheeler under this Act or tax paid under the Goa Tax on Entry of Goods Act, 2000
(Act 14 of 2000) on import of such motor vehicle before grant of registration mark
under the Motor Vehicles Act, 1988 ( Central Act 58 of 1988 ), when such vehicle is
resold as true value vehicle or otherwise by a registered dealer under this Act.
(x) in respect of raw material used in the manufacture of read mixed concrete;]
16
[(xi) in respect of naptha and furnace oil used either as raw material or fuel by
chemical fertilizer industry.]
17
[(xii) ice cream, alcoholic beverages including beer and wine and non-alcoholic
beverages including packed juice, aerated water and soft drinks served in party, factory
or industrial canteens, clubs, or served by catered, for consumption at any place other
than hotel/restaurant;
(xiii) condemned vehicles.]
(3) If goods purchased are intended for use specified under sub-section (1) and are
subsequently used fully or partly, for purposes other than those specified under the said
sub-section, or loss of goods arising out of theft or destruction for any reason or the stock
of goods remaining unsold at the time of closure of business, the input tax credit availed
at the time of such purchase shall be reduced from the tax credit for the period during
which the said utilization has taken place provided that if part of the goods purchased are
utilized otherwise, the amount of reverse tax credit shall be proportionately calculated.
(4) Input tax credit shall be allowed to the registered dealer, subject to restrictions of
sub-section (2), in respect of tax charged to him by a registered seller on taxable sales of
goods made to him for the purpose of the business within three months prior to the date of
his registration provided that no input tax credit shall be allowed in respect of goods
which have been sold or otherwise disposed of prior to the date of registration.
(5) (a) where a registered dealer has availed of the input credit on any goods and the
same goods are not used in the course of his business, input tax credit so availed becomes
repayable in the tax period following the date on which these goods were put to such
other use;
(b) where such goods were wholly or mainly used or are intended for use in sale of
taxable goods prior to change of use, tax shall be calculated on the prevailing market
value of such goods at the time of change of use.
14
Inserted by the Amendment Act 15 of 2005.
15
Clause (ix), (x) inserted by the Amendment Act 18 of 2006.
16
Clause (xi) inserted by the Amendment Act 18 of 2006 and substituted by the Amendment Act 24 of 2008.
17
Inserted by the Amendment Act 12 of 2008.
Manual of Goa Laws (Vol. IV) – 957 – Value Added Tax Act and Rules
18
[(6) Any registered dealer who has paid entry tax under the Goa Tax on Entry of
Goods Act, 2000 (Goa Act 14 of 2000), either on raw material or on capital goods, other
than on goods covered by Schedule ‗G‘ and/or sub-section (2) of this section, brought by
him into the local area for use or consumption in the manufacture or processing of goods
within the State, shall be entitled for input tax credit under sub-section (1) of this
section.]:
19
{Provided that in respect of finished products dispatched by way other than sales,
the input tax credit on goods other than those covered by Schedule ‗G‘ and capital
goods shall be to the extent it exceeds the rate specified under sub-section (1) of section 8
of the Central Sales Tax Act , 1956 (Central Act 74 of 1956)}.]
(7) Balance unclaimed input tax credit of capital goods shall not be allowed in case of
closure of business.
(8) The registered dealer shall be liable for input tax credit on stock held on the
appointed day, towards the tax paid under the earlier law subject to such conditions as
may be prescribed. The period and the date from which such input tax credit is to be
apportioned shall be as notified.
(9) The deduction of input tax credit on capital goods under this section shall be
allowed in two equal annual instalments after the close of the respective year as under:
(i) in case of existing units, upon installation of such capital goods, and
(ii) in case of new units, upon commencement of commercial production.
10. Input Tax Credit Exceeding Tax Liability.— (1) Subject to the provisions of
sub-section (2), if the input tax credit of a registered dealer, determined under section 9 of
this Act for a period exceeds the tax liability for that period, the excess credit shall be set
off against any outstanding tax, penalty or interest under this Act or earlier law 20[ or
under the Goa Tax on Entry of Goods Act, 2000 (Act 14 of 2000) or under the Central
Sales Tax Act, 1956 (Central Act 74 of 1956 )]:
21
[(2) After adjustment under sub-section (1), the excess input tax credit of a registered
dealer other than those covered under sub-section (3) shall be carried over as an input tax
credit to the subsequent period upto the end of the respective financial year or from the
date of commencement of validity of registration certificate, as the case may be or from
the date of commencement of validity of registration certificate, as the case may beand if
there is any unadjusted input tax credit thereof, the same shall be refunded in the
prescribed manner within three months, from the date of filling of the last quarterly
return of the respective financial year or from the date of commencement of validity of
registration certificate, as the case may be or from the date of commencement of validity
18
Substituted by the Amendment Act 15 of 2005 and further substituted by Amendment Act 2 of 2011.
19
Proviso substituted by the Amendment Act 12 of 2008.
20
Inserted by the Amendment Act 15 of 2005.
21
Substituted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 958 – Value Added Tax Act and Rules
of registration certificate, as the case may beor from the date of filling an application by
the dealer claiming such refund, whichever is later.]
(3) In case of exporter selling goods outside the territory of India, the excess input tax
credit, if any, admissible as per provision of this Act, proportionate to the goods exported
and carried over at the end of any quarter shall be refunded in the prescribed manner
within 3 months from the date of filing of application claiming the refund.
(4) Notwithstanding anything contained in sub-section (2), the Government may allow,
carry forward of excess input tax credit, if any, to such shorter period and grant refund of
unadjusted portion thereof in respect of such goods to such registered dealer on such
conditions and at such proportion as may be specified by the Notification in the Official
Gazette.
22
[Explanation.— (i) For the purposes of sub-sections (1) and (2) of this section, the
input tax credit proportionate to the closing stock (other than stock of processed goods) at
the end of financial year, shall be reversed and such amount shall be carried forward to
the succeeding financial year as input tax credit corresponding to the opening stock.
The term ―processed goods‖, for the purposes of this sub-section, means finished or
semi-finished goods produced or manufactured by the dealer and such goods shall be
separately indicated.].
11. Tax Invoice, Sale Bill or Cash Memorandum.— (1) A registered dealer making
taxable sale to another registered dealer shall provide registered dealer, at the time of sale,
with an original tax invoice (as described in Schedule ‗F‘ hereto) for the sale and shall
retain one copy thereof.
(2) An original tax invoice should not be provided to a registered dealer in any
circumstances other than those specified in sub-section (1), but a copy marked as
duplicate may be provided if such registered dealer receiving the original invoice so
request for the reason that the original has been lost. A statement showing the details of
such duplicate invoices issued shall be submitted alongwith the returns provided under
section 24.
(3) Every taxable person other than one covered by sub-section (1) shall issue bill or
cash memorandum in such form and with such details, of tax collected, if any, as may be
prescribed, for every sale involving an amount not less than 23[Rs. 250/-]:
Provided, however, that when sale price for sale in any one transaction is below Rs.
100/-, the taxable person may, except when demanded by a customer, refrain from issuing
a sale bill or cash memorandum as aforesaid but shall instead prepare a consolidate sale
bill or cash memorandum at the close of the day in respect of such sales by recording
them separately as and when they are effected.
12. Credit and Debit Notes.— (1) Where a tax invoice has been issued and the
amount shown as tax charged in that tax invoice exceeds the tax properly chargeable in
22
Inserted by the Amendment Act 2 of 2011.
23
Substituted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 959 – Value Added Tax Act and Rules
respect of the sale, the taxable person making the sale shall provide the recipient of the
sale with a credit note containing the requisite particulars as specified in Schedule ‗F‘
hereto.
(2) Where a tax invoice has been issued and the tax properly chargeable in respect of
the sale exceeds the amount shown as tax charged in that tax invoice, the taxable person
making the sale shall provide the recipient of the goods with a debit note containing the
requisite particulars as specified in Schedule ‗F‘ hereto.
24
[(3) In case of goods returned or rejected by the purchaser, either a credit note or a
written acknowledgement shall be issued by the selling dealer to the purchaser for having
received the goods from the purchaser and a debit note shall be issued by the purchaser to
the selling dealer containing particulars of the transaction as may be prescribed:
Provided that no such credit note or a written acknowledgement and/or debit note shall
be considered for grant of input tax credit if the goods are returned or rejected beyond the
period of six months.].
CHAPTER III
13. Tax Authorities.— (1) For carrying out the purposes of this Act, the Government
shall, by notification published in the Official Gazette, appoint an officer to be called the
Commissioner.
(2) Likewise, the Government may, by notification published in the Official Gazette,
appoint an Additional Commissioner, if any, and such number of—
(a) Assistant Commissioners,
(b) other officers and persons,
and give them such designations, if any, as the Government thinks necessary.
(3) The Commissioner shall have jurisdiction over the whole of the State of Goa; and
an Additional Commissioner, if any, be appointed, shall have jurisdiction over the whole
of the State, or where the Government so directs by notification in the Official Gazette,
over any local area thereof. All other officers shall have jurisdiction over the whole of the
State or over such local areas as the Government may specify by notification in the
Official Gazette.
(4) The Commissioner shall have and exercise all the powers and perform all the
duties, conferred or imposed on the Commissioner by or under this Act, and an
Additional Commissioner, if any, appointed, shall, save as otherwise directed by the
Commissioner by notification in the Official Gazette, have and exercise within his
jurisdiction all the powers and perform all the duties, conferred or imposed on the
Commissioner, by or under this Act.
(5) Assistant Commissioners, other officers and persons, shall, within their respective
jurisdiction, exercise such of the powers and perform such of the duties of the
Commissioner under this Act, as the Commissioner may subject to such conditions and
24
Substituted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 960 – Value Added Tax Act and Rules
restrictions delegate to them either generally, or as respects any particular matter or class
of matters by an order notified in the Official Gazette.
(6) The Government may, subject to such restrictions and conditions, if any, as it may
impose, by notification in the Official Gazette, delegate to the Commissioner the powers
(not being powers relating to the appointment of Additional Commissioner or Assistant
Commissioner or other Officers) conferred on that Government by this section.
(7) No person shall be entitled to call in question, in any proceeding, any jurisdiction
including the territorial jurisdiction of any officer or person appointed under sub-section
(2), after the expiry of thirty days from the date of receipt by such person of any notice
under this Act, issued by such officer or person. If, within the period aforesaid, a separate
application in writing in the prescribed form raising an objection as to the jurisdiction of
any such officer or person is made to him, the officer or person shall refer the question to
the Commissioner, who shall after giving the person raising the objection, a reasonable
opportunity of being heard, make an order determining the question.
(8) All officers and persons appointed under sub-section (2) shall be subordinate to the
Commissioner; and the subordination of officers other than the Commissioner, and of
persons, amongst themselves shall be such as may be prescribed.
14. Tribunal.— (1) Subject to the provisions of this section, the Government shall
constitute a Tribunal, consisting of one member or as many members as it thinks fit to
discharge the functions conferred on the Tribunal by or under this Act:
Provided that where the Tribunal consists of one member, that member shall be a
person who has held a civil judicial post for at least ten years or ten years experience in
the legal matters in the Central/State Government Department or who has been in practice
as an advocate for at least ten years, and where the Tribunal consists of more than one
member, one such member shall be a person qualified as aforesaid.
(2) If the Tribunal consists of more than one member, the Government shall appoint
one of the members of the Tribunal to be the Chairman thereof.
(3) The qualifications of the member or members constituting the Tribunal and the
period for which such member or members shall hold office, shall be such as may be
prescribed.
(4) The Government may terminate the appointment of any member of the Tribunal
before the expiry of the term of his office if such member-
(a) is adjudged as an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of
his office; or
(c) is or becomes, in any way concerned or interested in any contract or agreement
made by or on behalf of the Government or participates in any way in the profit thereof
or in any benefits or emoluments arising therefrom; or
(d) is in the opinion of the Government, unfit to continue in office by reason of
infirmity of mind or body; or
Manual of Goa Laws (Vol. IV) – 961 – Value Added Tax Act and Rules
(8) Subject to such conditions and limitations as may be prescribed, the Tribunal shall
have power to award costs, and the amount of such costs shall be recoverable from the
person who is ordered to pay the same as an arrear of land revenue.
(9) The Tribunal shall, for the purpose of regulating its procedure and disposal of its
business, make regulations not inconsistent with the provisions of this Act and the rules
made thereunder:
Provided that the regulations so made shall not have effect until they are approved by
the Government and published in the Official Gazette.
Provided that the provisions of sub-sections (3) and (4) shall not apply to the Tribunal
on which powers are so conferred.
(11) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding
within the meaning of section 193 and 228 of the Indian Penal Code, 1860 (45 of 1860).
CHAPTER IV
18. Registration.— (1) No dealer shall, while being liable to pay tax under section 3
or under sub-section (6) of section 19, be engaged in business as a dealer, unless he
possesses a valid certificate of registration as provided by this Act:
Provided that, the provisions of this sub-section shall not be deemed to have been
contravened, if the dealer having applied for such registration as in this section provided,
within the prescribed time or, as the case may be, within the period specified in sub-
-section (6) of section 19, while he is engaged in such business.
(2) Every dealer, required by sub-section (1) to possess a certificate of registration,
shall apply in the prescribed manner, to the Commissioner.
Manual of Goa Laws (Vol. IV) – 963 – Value Added Tax Act and Rules
(3) A person or a dealer who intends to be engaged in business, but is not liable to pay
tax under the provisions of this Act may, if he so desires, apply in the prescribed manner
under this sub-section for the grant of certificate of registration to the Commissioner and
if the certificate is granted, then so long as it is not duly cancelled, the person or dealer
shall remain liable to pay tax.
25
[Provided that if the person or dealer to whom such certificate of registration is
granted becomes liable to pay tax under any other provisions of the Act, then the
certificate of registration so granted shall cease to be valid unless amended after payment
of prescribed fee.]
(4) Certificate of registration and its renewal shall not be granted to a dealer unless he
has deposited in Government treasury prescribed fee in the prescribed manner and within
the prescribed time.
(5) The Commissioner may conduct such inquiry as he deems fit and may call for such
evidence and information as he may deem necessary and after the inquiry, if any, and
after considering the evidence and information, if any, he is satisfied that the application
for registration made under this section is in order, he shall register the applicant and
issue to him a certificate of registration in the prescribed form:
Provided that if the Commissioner is satisfied that the particulars contained in the
application are not correct or complete or that any evidence or information prescribed for
registering the applicant is not furnished, the Commissioner may, after giving the
applicant a reasonable opportunity of being heard, reject the application for reasons to be
recorded in writing.
(6) The Commissioner may, after considering any information furnished under any
provisions of this Act or otherwise received, amend from time to time, any certificate of
registration.
(7) If a person or a dealer upon an application made by him has been registered under
this section and thereafter it is found that he ought not to have been so registered under
the provisions of this section, he shall be liable to pay tax during the period from the date
on which his registration certificate took effect until it is cancelled, notwithstanding that
he may not be liable to pay tax under this Act.
(8) Where,—
(a) any business, in respect of which a certificate of registration has been issued
under this section, has been discontinued, or has been transferred or otherwise
disposed of; or
(b) the turnover of sales of a registered dealer has during any year not exceeded the
relevant limit specified in sub-section (4) of section 3,—
then, in the case covered by clause (a), the dealer shall apply in the prescribed manner
and within the prescribed time for cancellation of his registration to the Commissioner,
25
Proviso inserted by the Amendment Act 15 of 2005.
Manual of Goa Laws (Vol. IV) – 964 – Value Added Tax Act and Rules
and in the case covered by clause (b), the dealer may apply in the prescribed manner for
cancellation of his registration to the Commissioner; and thereupon the Commissioner
may, after such inquiry as he deems fit and subject to rules framed, cancel the registration
with effect from such date including any date earlier to the date of the order of
cancellation as he considers fit having regard to the circumstances of the case.
26
[(9) Any person intending to organize or conduct exhibition either for sale of goods
or for promoting goods for sale, by providing stalls or space to other persons or dealers
under the banner of specific name and style or under a common roof, for a specific
period, shall, notwithstanding that such participating persons or dealers are individually
registered under this Act, apply in such form as may be prescribed, to the Commissioner,
for registration under this Act, indicating therein the details of the persons and/or dealers
participating in, and the period of, such exhibition alongwith such security deposit as may
be prescribed.
The provisions of sub-sections (4), (5), (6), (7) and (8) of this section shall, mutatis
mutandis apply, to this sub-section.].
19. Special Provision regarding Liability to Pay Tax in certain Cases.— (1) Where
a dealer, liable to pay tax under this Act, dies, then,—
(a) if the business carried on by the dealer is continued after his death by his legal
representative or any other person, such legal representative or other person shall be
liable to pay the tax including any penalty, sum forfeited and interest due from such
dealer under this Act or under any earlier law, in the like manner and to the same
extent as the deceased dealer; and
(b) if the business carried on by the dealer is discontinued whether before or after
his death, his legal representative shall be liable to pay out of the estate of the
deceased, in the like manner and to the same extent as the deceased dealer would have
been liable to pay if he had not died, the tax including any penalty, sum forfeited and
interest due from such dealer under this Act, or under any earlier law, whether such tax
including any penalty, sum forfeited and interest has been assessed before his death but
has remained unpaid, or is assessed after his death.
(2) Where a dealer, liable to pay tax under this Act, is a Hindu undivided family and
the joint family property is partitioned amongst the various members or group of
members, then each member or group of members shall be jointly and severally liable to
pay the tax including any penalty, sum forfeited and interest due from the dealer under
this Act or under any earlier law, upto the time of the partition, whether such tax
including any penalty, sum forfeited, and interest has been assessed before partition but
has remained unpaid, or is assessed after partition.
(3) Where a dealer, liable to pay tax under this Act, is a firm, and the firm is dissolved,
then, every person who was a partner shall be jointly and severally liable to pay to the
extent to which he is liable under this section, the tax including any penalty, sum
26
Inserted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 965 – Value Added Tax Act and Rules
forfeited and interest due from the firm under this Act or under any earlier law, upto the
time of dissolution, whether such tax including any penalty, sum forfeited and interest has
been assessed before such dissolution but has remained unpaid, or is assessed after
dissolution.
(4) Where a dealer, liable to pay tax under this Act, transfers or otherwise disposes of
his business in whole or in part, or effects any change in the ownership thereof, in
consequence of which he is succeeded in the business or part thereof by any other person,
the dealer and the person succeeding shall jointly and severally be liable to pay the tax
including any penalty, sum forfeited and interest due from the dealer under this Act or
under any earlier law, upto the time of such transfer, disposal or change, whether such tax
including any penalty, sum forfeited and interest has been assessed before such transfer,
disposal or change but has remained unpaid, or is assessed thereafter.
(5) Where the dealer, liable to pay tax under this Act,—
(a) is the guardian of a ward on whose behalf the business is carried on by the
guardian; or
(b) are trustees who carry on the business under a trust for a beneficiary, then,
if the guardianship or trust is terminated, the ward or, as the case may be, the
beneficiary shall be liable to pay the tax including any penalty, sum forfeited and interest
due from the dealer upto the time of termination of the guardianship or trust, whether
such tax including any penalty, sum forfeited and interest has been assessed before the
termination of the guardianship or trust, but has remained unpaid, or is assessed
thereafter.
(6) Where a dealer, liable to pay tax under this Act, is succeeded in the business by any
person in the manner described in clause (a) of sub-section (1) or in sub-section (4), then,
such person shall, notwithstanding anything contained in section 3, be liable to pay tax on
the sales of goods made by him on and after the date of such succession, and shall (unless
he already holds a certificate of registration) within sixty days thereof apply for
registration.
Provided that, where any such partner retires from the firm, he shall be liable to pay
the tax, penalty, sum forfeited and interest remaining unpaid at the time of his retirement
and any such amount due upto the date of retirement though un-assessed at that date.
companies have sold or purchased any goods to or from each other in the period
commencing on the date from which the order is to take effect and ending on the date of
the order, then such transactions of sale and purchase will be included in the turnover of
sales or of purchases of the respective companies and will be assessed to tax accordingly.
(2) Notwithstanding anything contained in the said order, for all of the purposes of this
Act, the said two or more companies will be treated as distinct companies and will be
treated as such for all periods upto the date of the said order and the registration
certificates of the said companies will be cancelled, where necessary, with effect from the
date of the said order.
(3) Words and expressions used in this section, but not defined, shall have the
respective meanings assigned to them in the Companies Act, 1956 (Central Act 1 of
1956).
23. Dealer to declare the name of Manager of Business and Permanent Account
Number.— (1) Every dealer, who is liable to pay tax, and who is a Hindu undivided
family, or an association of persons, club or society or firm or company, or who is
engaged in business as the guardian or trustee or otherwise on behalf of another person,
shall, within the period prescribed send to the authority prescribed, a declaration in the
manner prescribed stating the name of the person or persons who shall be deemed to be
the manager or managers of such dealer‘s business for the purposes of this Act. Such
declaration may be revised from time to time.
27
[(2) Every dealer registered under this Act shall furnish the Permanent Account
Number (PAN) obtained by him under the Income Tax Act, 1961 (Central Act 43 of
1961) within such period and to such authority, as may be notified by the Commissioner
in the Official Gazette, for the purpose of incorporating it in the registration records.];
28
[(3) Every person or dealer liable to pay tax under this Act and who applies for
registration under sub-section (1), sub-section (3) or sub-section (9) of section 18 shall
furnish a self-attested photocopy of the card containing his Permanent Account Number
(PAN) obtained by him under the Income Tax Act, 1961 (Central Act 43 of 1961)
alongwith the application for registration.].
CHAPTER V
24. Returns and Payment of Tax, etc.— (1) Every registered dealer shall file a
correct and complete quarterly return in such form, by such date and to such authority, as
may be prescribed. In addition to any data required for proper quantification of tax, the
Commissioner may require the registered dealers to furnish data for the purpose of
collecting statistics relating to any matter dealt with, by or in connection to this Act.
(2) Without prejudice to the generality of the provisions contained in sub-section (1),
every registered dealer may be required to furnish correct and complete returns in such
form for such period, by such dates, and to such authority, as may be prescribed:
Provided that the Commissioner may, subject to such terms and conditions as may be
prescribed, exempt any such dealer from furnishing such returns or permit any such
dealer to furnish them for such different periods.
(3) If any dealer having furnished a return under sub-section (1), discovers any
omission or incorrect statement therein, he may furnish a revised return at any time before
a notice for assessment is served on him in respect of the period covered by the said
return or before the expiry of one year following the last date prescribed for farnishing the
said return, whichever is earlier.
25. Payment of Tax, etc.— (1) Tax shall be paid in the manner herein provided, and
at such intervals as may be prescribed.
(2) A registered dealer furnishing returns as required by sub-section (2) of section 24
shall pay into the Government treasury or any Bank so notified by the Government, in
27
Substituted by the Amendment Act 2 of 2011.
28
Inserted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 968 – Value Added Tax Act and Rules
such manner and at such intervals as may be prescribed, the amount of tax due from him
after adjusting the amount of tax covered by the Certificate of Tax Deduction at Source, if
any, for the period covered by a return which he is required to file under the rules
alongwith the amount of penalty, interest and any other sum payable by him.
(3) A registered dealer furnishing a revised return in accordance with sub-section (3) of
section 24, which shows a larger amount of tax payable than already paid, shall first pay
into the Government treasury or notified Bank, the differential amount of tax.
(4) (a) The amount of tax due where the return or revised return has been furnished
without full payment thereof shall be paid forthwith alongwith interest on defaulted
amount @ 12% per annum or at such higher or lower rate as the Government may notify
from time to time.
(b) (i) The amount of tax due as per any order passed under any provision of this
Act, for any period less any sum already paid in respect of the said period; and
(ii) the amount of interest or penalty or both, if any, levied under any provision of
this Act; and
(iii) the sum, if any, forfeited and the amount of fine, if any, imposed under the
Act or rules; and
(iv) any other amount due under this Act,
shall be paid by the person or dealer or the person liable thereof into the Government
treasury or notified Bank within thirty days from the date of service of the notice issued
by the Commissioner in respect thereof:
Provided that, the Commissioner may, in respect of any particular dealer or person,
and for reasons to be recorded in writing, allow him to pay the tax, penalty, interest or the
sum forfeited, in instalments. The grant of this facility to pay tax in instalments shall be
without prejudice to the other provisions of this Act including levy of penalty, interest, or
both:
29
[Provided further that, subject to the rules made in this behalf, the Commissioner
may, at the request of a dealer or person, remit the whole or any part of the penalty and/or
interest payable by such dealer or person.].
(5) Any tax, penalty, interest, fine or sum forfeited, which remains unpaid after the
service of notice under sub-section (4), or any instalment not duly paid, shall be
recoverable as an arrear of land revenue.
26. Collection of Tax by registered dealer.— No person who is not a registered
dealer shall collect, in respect of any sale by him of goods in the State, any amount by
way of tax under this Act and no registered dealer shall make any such collection except
in accordance with the provisions of this Act.
27. Unauthorised collection of tax and forfeiture thereof.— (1) If any amount
purporting to be tax other than the one as provided for under this Act, is collected by any
29
Inserted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 969 – Value Added Tax Act and Rules
person and if such amount is not refunded to the person from whom the collection is
made within 60 days of such collection, the amount so collected and retained, shall stand
forfeited and credited to the fund referred to in sub-section (2).
(2) (i) There shall be established a Fund to be called the Goa Consumer Protection and
Guidance Fund (hereinafter, in this section, referred to as ―the Fund‖), from the amounts
forfeited and recovered except for the amounts refunded, as aforesaid to the purchasers
and except for the amounts in respect of which a set-off, refund or remission is granted,
and after deducting the expenses of collection and recovery as determined by the
Government, the remaining amounts shall under appropriation duly made by Rules in this
behalf, be entered into, and transferred to that Fund which shall be operated and
maintained by such Authority as the Government may appoint.
(ii) No sum from the Fund shall be paid or applied for any purpose other than the
one specified in clause (iii).
(iii) The Fund shall be administered in the prescribed manner; and the amount in the
Fund shall be utilized for meeting the expenses of any activities related to consumer
protection and guidance as the Government may direct, and for giving grant in the
prescribed manner to any voluntary consumer organization, society, association, body
or institution engaged in providing for the better protection of the interests of the
consumers and having such qualifications as may be prescribed.
28. Tax Deduction at Source.— (1) Notwithstanding anything contained in this Act,
any employer namely, the Central Government, the State Government, or an industrial, or
a commercial of trading undertaking of the Central Government or of the State
Government, any Company registered under the Companies Act, 1956, any local
authority or any dealer registered under this Act or such other persons as may be notified
shall deduct tax from, and out of the amounts payable by such employer to a dealer to
whom a Works Contract has been awarded involving transfer of property in goods
(whether as goods or in some other form), at the rate of 30[2%] on the value of the Works
Contract undertaken by such dealer which shall be deemed to be on account of transfer of
property in goods in the execution of such Works Contract:
Provided that, no such deduction shall be made where the amount or the aggregate of
the amount payable to a dealer by such employer is less than one lakh rupees during a
year or when the cost of material used in execution of the works contract is less than 10%
of the contract value.
Explanation:— (i) The deduction of tax under this section shall be effected when the
payment is made to the contractor or his account is credited towards such payment, as the
case may be.
(ii) The employer effecting such deduction shall deemed to be a dealer for the
purposes of this section and shall get himself registered in the manner as prescribed.
30
Substituted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 970 – Value Added Tax Act and Rules
(2) The tax deducted under sub-section (1) shall be remitted to the Government
Treasury in the prescribed manner and within the prescribed time by the said employer
making such deduction:
Provided that the employer shall remit into the Government Treasury the full amount
of tax due and deductible by him under sub-section (1) from the dealer irrespective of the
actual amount of tax deducted by him from such dealer.
(3) Any such employer making such deduction under sub-section (1) shall in respect of
every quarter in which such deduction is made, send to the prescribed authority the
receipt from Government treasury showing the payment of such amount deducted
alongwith a statement in the prescribed form containing details of the Works Contract
under execution and tax deducted thereon, within the prescribed time, and shall furnish a
certificate in the prescribed form to the dealer specifying the amount so deducted and
such other particulars as may be prescribed.
(4) Any such employer who remits the tax into the Government Treasury under
sub-section (2) shall be deemed to have made payment of tax under the authority of the
said dealer.
(5) If any such employer fails to remit into the Government Treasury the amount due
and deductible as required by sub-section (2) within the specified time, the Assessing
Authority, on being satisfied that the said employer has failed to discharge the liability
under sub-section (2), shall levy and recover from the employer interest at the rate of 15%
per annum or at such rate as the Government may notify from time to time, on the amount
due and deductible, by an order in writing directing such employer to pay the interest in
addition to such amount.
(6) (a) No such deduction shall be made under sub-section (1) in respect of such
dealers, as may be notified by the Commissioner from time to time;
(b) Subject to the conditions and the circumstances as may be prescribed, the
Commissioner may certify, on an application made by any registered dealer, that no
deduction or deduction at such lower rate as he may decide, shall be made in respect of
such registered dealer.
(7) If any Works Contract for execution for the authorities specified in sub-section (1),
involves only labour or services but does not involve transfer of property in goods and it
is certified to be so by the Appropriate Assessing Authority or by the Assessing Authority
of the area on an application made by any dealer, the provisions of sub-section (1) shall
not apply and every such application shall be disposed off by the Assessing Authority
within one month from the date of receipt, either by issue of certificate as aforesaid or by
endorsement, intimating ineligibility to such a certificate to the dealer, as the case may be.
(8) Payment by way of deduction in accordance with the provisions of this section
shall be without prejudice to any other mode of recovery of tax due under this Act from
the dealer executing the Works Contract.
29. Assessment.— (1) The returns submitted by the dealer shall be accepted as
self-assessed:
Manual of Goa Laws (Vol. IV) – 971 – Value Added Tax Act and Rules
Provided the Commissioner, as per the procedure prescribed, shall select upto twenty
per cent of the total number of such dealers or such percentage as may be notified by
Government from time to time for detailed assessment:
Provided further when any dealer applies for cancellation of his registration certificate
on the ground of closure or stoppage of his business, his last assessment shall be finalized
on the basis of books of accounts and other records maintained by him after giving him
an opportunity of being heard.
(2) Where—
(b) the Commissioner has reason to believe that the returns filed by a person are not
correct and complete; or
(c) the Commissioner has reasonable grounds to believe that a person will become
liable to pay tax under this Act but is unlikely to pay the 31[amount due; or]
32
[(d) the Commissioner requires to get satisfied with the correctness of the refund
so claimed,].
the Commissioner may make an assessment of the amount of tax payable by the person
to the best of his judgement after giving him an opportunity of being heard.
33
[(3) No assessment under this section for any year shall be made after a period of two
years from the end of the year to which the return under section 24 is submitted by a
dealer and no assessment under sub-section (9) shall be made after the expiry of five
years from the end of the year in respect of which or part of which such assessment is to
be made:
Provided that where assessment is made in consequence of or to give effect to, any
order of an appellate Authority or Revisional Authority or of a Court, the said period of
two years shall be reckoned from the date of such order:
Provided further that in computing the period laid down in this sub-section, any period
during which assessment proceedings are stayed by an order or injunction of any Court
or authority such period shall be excluded;].
34
[Provided also that the Commissioner may, if it is considered necessary by him so to
do, by notification published in the Official Gazette, extend the period specified in this
sub-section by a further period not exceeding one year.]
(4) The Commissioner shall make an assessment of the amount that in his opinion, is
the amount of tax payable under this Act, after making necessary enquiries and upon
issue of notice on proposed assessment.
31
Substituted by the Amendment Act 2 of 2011.
32
Inserted by the Amendment Act 2 of 2011.
33
Sub-section 3 substituted by the Amendment Act 18 of 2006.
34
Inserted by the Amendment Act 24 of 2008.
Manual of Goa Laws (Vol. IV) – 972 – Value Added Tax Act and Rules
(5) The Commissioner shall serve a notice of the proposed assessment in the
prescribed manner on the person to be assessed, which shall state—
(a) either the tax payable or the net tax payable in the case of registered dealer and
any refund that may be eligible to be claimed;
(b) the time, place, and manner of objecting to the proposed assessment; and
(c) reasons for the assessment to be made.
(6) The Commissioner shall serve a notice on completion of assessment under this
section and the dealer shall pay the balance of tax in accordance with the terms of that
notice.
(7) An amended assessment shall be treated in all respects as an assessment under
this section.
(8) No assessment or other proceedings purporting to be made, issued or executed
under this Act, shall be—
(a) quashed or deemed to be void or voidable for want of form; or
(b) affected by reason of mistake, defect or omission therein, if it is in substance and
effect, in conformity with this Act or the rules made thereunder and the person
assessed, or intended to be assessed or affected by the document is designated in it
according to common understanding.
35
[(9) Where, the Commissioner has reason to believe that a dealer is liable to pay tax
in respect of any period, but has failed to apply for registration or has failed to apply for
registration within the time as required by or under this Act, the commissioner shall
proceed to assess, to the best of this judgment, wherever necessary, the amount of tax due
from the dealer in respect of such period and all subsequent periods and, in making such
assessment, he shall give the dealer reasonable opportunity of being heard; and if he is
satisfied that the default is without reasonable cause, direct the dealer to pay by way of
penalty, in addition to tax assessed, a sum not exceeding the amount of tax assessed.]
30. Provisional Assessment.— (a) Where a registered dealer claims refund of tax
under sub-section (3) of section 10, the Commissioner may, if deemed necessary, proceed
to assess the dealer provisionally under sub-section (2) of section 29 for any return period
within the period specified under sub-section (3) of section 34;
(b) Where a registered dealer fails to furnish the return in respect of any tax period
within the prescribed time, the Commissioner may, notwithstanding anything
contained in this section proceed to assess the dealer provisionally for that period for
such default;
(c) The provisional assessment under clause (b) above shall be made on the basis of
past returns, or past records and where no such returns are available, on the basis of
35
Sub-section 9 inserted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 973 – Value Added Tax Act and Rules
information received by the Commissioner and the Commissioner shall direct the
dealer to deposit the amount of tax assessed in such manner and by such date as may
be prescribed;
(d) If the dealer furnishes return alongwith evidence showing full payment of
tax, interest and penalty, if any, on or before the date of payment specified under
sub-clause (c), the provisional assessment made under sub-clause (b) shall stand
revoked to the extent of the tax demanded, interest levied and penalty imposed, on the
date on which such return is filed by the dealer;
(e) Nothing contained in this section shall prevent the Commissioner from making
assessment under sub-section (1) of section 29 and any tax, interest or penalty paid
against provisional assessment under this sub-section shall be adjusted against tax,
interest or penalty payable on assessment under the said sub-section.
(3) No assessment under sub-section (1) or penalty under sub-section (2) shall be made
or levied without giving a reasonable opportunity to the dealer of being heard.
32. Protective Assessment.— Where the Commissioner has reason to believe that any
person with a view to evade payment of tax or in order to claim any input tax credit
which he otherwise is not eligible for, is carrying on business in the name of, or in
association with, any other person, either directly or indirectly, whether as an agent,
employee, manager, partner or power of attorney holder, guarantor, relative or sister
concern or in any other capacity, such person and the person in whose name the
registration certificate, if any, is taken, shall jointly and severally, be liable for payment
of the tax, interest or penalty or other amount due under this Act which shall be assessed,
levied and recovered from all or any such person as if such person or persons is/are
dealers under the Act. However, before taking action under this section the persons
concerned shall be given a reasonable opportunity of being heard.
Manual of Goa Laws (Vol. IV) – 974 – Value Added Tax Act and Rules
33. Refund and Payment of Interest on Amount Refundable.— (1) Subject to other
provisions of this Act and the Rules made thereunder, the Commissioner shall in the
manner and within the time as may be prescribed, refund to a dealer any amount of tax,
penalty or interest paid by such dealer in excess of the amount 36[due from him under this
Act and also excess of input tax credit] over output tax payable under this Act. The
amount of such refund shall be credited to the declared Bank account of the dealer.
(2) When any amount refundable to any dealer or person under an order made under
any provisions of this Act, including refund admissible to an exporter under sub-section
(3) of section 10, is not refunded within ninety days—
(a) of the date of such order is made by any authority; or
(b) the date of receipt of the order by the authority, if such order is made by any
other authority; or
(c) of the date of receipt of application for refund under sub-section (3) of section
10,
the authority shall pay such person simple interest at the rate of eight per cent. per
annum on the said amount from the day immediately following the day of expiry of the
said ninety days to the day of refund:
Provided that the interest calculable shall be on the balance of the amount remaining
after adjusting out of the refundable amount any tax, penalty or other amount due under
this Act, for any year by the person on the date from which such interest is calculable.
34. Provisional refund of tax in special circumstances.— (1) If a registered dealer
has filed any return as required under this Act and the return shows any amount to be
refundable to the dealer on account of sales in course of export out of the territory of
India, then the dealer may apply in the manner and form prescribed, to the Commissioner,
for grant of provisional refund pending audit and investigation to establish the correctness
of the claim and consequent assessment, if any.
(2) Subject to the provisions of sub-section (3); the Commissioner may require the
dealer to furnish irrevocable Bank guarantee for an amount equal to the amount of refund.
On receipt of such guarantee, the Commissioner shall, subject to the procedure as
prescribed, grant the dealer a provisional refund of such amount that may be determined
as refundable.
(3) When the dealer is assessed provisionally under sub-section (a) of section 30, the
Commissioner shall adjust the amount of provisional refund against tax due, if any, as a
result of assessment. If the process of assessment cannot be or is not completed within a
period of three months from the date of filing the application or within one month of the
assessment notice whichever is later, the provisional refund shall be granted forthwith:
Provided that if the delay in completing the assessment under this sub-section is due to
non-co-operation of the dealer or non-production of evidence as may be required to be
furnished in support of the claim of refund or any other lapse on the part of the dealer, the
36
Substituted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 975 – Value Added Tax Act and Rules
period of delay shall be excluded while computing the period of limitation under this
sub-section and such period shall not be reckoned for grant of interest, if any, admissible
by or under sub-section (2) of section 33 of this Act:
Provided further that if the lapse on the part of the dealer persists, the Commissioner
shall make the provisional assessment absolute and forfeit the bank guarantee furnished
to the extent of tax assessed, penalty imposed and interest levied.
(4) If, on assessment, the provisional refund granted under sub-section (2) is found to
be in excess, then the excess shall be recovered as if it is tax due from the dealer under
this Act. On such excess amount, interest will be charged at the rate of two per cent. per
month, from the date of grant of provisional refund, till the date of assessment.
CHAPTER VI
35. Appeals.— (1) Any person objecting to an order affecting him passed under the
provisions of this Act by an authority may appeal to Appellate Authority as may be
prescribed within sixty days from the date of receipt of order by him.
(2) Where the Appellate Authority is satisfied that the person has reasonable cause for
not preferring an appeal within the time specified in sub-section (1), he may accept an
appeal, provided it is made within one year, from the date of receipt of order by him.
(3) The appeal shall be in the prescribed form and shall specify in detail the grounds
upon which it is made.
(4) In case of an appeal against an assessment or any order raising demand against the
person, the Appellate Authority shall consider it only if the person has paid the tax which
is not disputed by him.
(5) The appellant shall serve a copy of the appeal memo to the authority against whose
order the appeal is filed.
(6) After considering the appeal and after affording an opportunity of hearing, the
Appellate Authority may allow it in whole or part and amend the assessment or remand it
for fresh disposal or dismiss the appeal or enhance the assessment or penalty or other
amount:
(7) The Appellate Authority shall serve the appellant, with an order in writing, of the
appeal decision, setting forth the reasons for the decision.
36. Appeal to the Tribunal.— (1) A person dissatisfied with the decision of the
Appellate Authority may, within sixty days after being served with an order of the
decision—
(a) file a second appeal before the Tribunal; and
Manual of Goa Laws (Vol. IV) – 976 – Value Added Tax Act and Rules
(b) serve a copy of the notice of appeal on the Commissioner as well as the authority
whose original order is under second appeal before the Tribunal.
(2) The Tribunal shall consider the appeal only if the person has paid the tax which is
not disputed by him.
(3) The Tribunal may admit an appeal after expiry of sixty days if it is satisfied that the
appellant had sufficient reason for not filing the appeal within the time specified in sub-
-section (1), provided it is filed within one year of serving of decision of Appellate
Authority.
(4) In deciding an appeal, the Tribunal shall, make an order after affording an
opportunity to the dealer or other person and the Commissioner,—
(a) affirming, reducing, increasing, or varying the assessment or other order under
appeal; or
(b) remitting the assessment or other order under appeal for reconsideration by the
Authority concerned with such directions as it may deem fit; and
(c) shall serve a copy of such order to the Commissioner:
Provided that before increasing the tax or other amount the dealer shall be given an
opportunity of being heard on the proposal of increasing the liability.
(5) The Tribunal shall serve the appellant with notice in writing, of the appeal decision
setting forth the reasons for the decision.
37. Review by Tribunal.— The Tribunal may, on the application either by the
appellant or by the respondent made within thirty days from the date of the order under
sub-section (4) of section 36, review any order passed by it on the basis of facts which
were not before it when the order was passed.
38. Revision to High Court.— (1) An assessee who is dissatisfied with the decision of
the Tribunal or Commissioner may, within sixty days after being notified of the decision,
file a revision with the High Court; and the assessee so appealing shall serve a copy of the
notice of revision on the respondent to the proceeding.
(2) A revision to the High Court may be made on question of law or an erroneous
decision or failure to decide a question of fact. A notice of the revision shall state the
questions of law that will be raised in the revision.
(3) The Commissioner shall also be made a party to the proceedings before the High
Court where revision is filed by the dealer or other person.
(4) The High Court may, on application either by the petitioner or by the respondent,
review any order passed by it provided such application is made within thirty days from
the date of the Judgement.
(5) A revision or review application presented before the High Court under this section
shall be heard by a bench consisting of not less than two Judges.
Manual of Goa Laws (Vol. IV) – 977 – Value Added Tax Act and Rules
Provided that no order of assessment or any other order shall be reviewed after the
expiry of two years from the date of order, by any authority under this sub-section.]
40. Burden of Proof.— The burden of proving that any turnover of goods is exempt
from tax or that there is no liability or obligation under this Act shall be on the person
objecting.
41. Power to Rectify Error Apparent on the Record.— (1) An assessing, appellate
or revising authority including the Tribunal may, on an application or otherwise, at any
time within a year from the date of any order passed by it, rectify any error apparent on
the face of the record:
Provided that no such rectification which has the effect of enhancing the liability to
pay tax or penalty or penal interest shall be made unless such authority has given notice
to the person affected and have allowed him a reasonable opportunity of being heard.
(2) Where such rectification has the effect of enhancing the tax liability or penalty, the
Assessing Authority shall give the dealer or other person a notice and the dealer or other
person shall pay the tax in the manner prescribed and when such rectification has the
effect of reducing the tax liability or penalty the Assessing Authority shall issue refund of
the excess tax, if any, paid.
42. Power to Transfer Proceedings.— (1) The Commissioner may, after giving the
parties a reasonable opportunity of being heard in the matter, wherever it is possible so to
do, by order in writing recording therein his reasons for doing so, transfer any pending
proceedings or class of proceedings under any provision of this Act, from himself to any
other officer and he may likewise transfer any such proceedings including a proceeding
pending with any officer or already transferred under this section from any officer to any
other officer whether with or without concurrent jurisdiction or to himself.
(2) For the purpose of this section, any proceedings shall be deemed to have
commenced only when any authority having appropriate jurisdiction issues notice under
37
Existing section Numbered as sub-section (1) by the Amendment Act 18 of 2006.
38
Inserted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 978 – Value Added Tax Act and Rules
the provisions of this Act, rules or notifications and the proceedings shall be deemed to be
pending only after issue of such notice.
(3) Where no proceedings are pending before any authority, then any authority having
appropriate jurisdiction over a person or dealer, may initiate and complete any
proceedings whatsoever.
Explanation:— In this section, the word ―proceedings‖ in relation to any dealer means
all proceedings under this Act in respect of any year, which may be pending on the date
of such order or which may have been completed on or before such date, and includes
also all proceedings under this Act which may be commenced after the date of such order
in respect of the said year in relation to such dealer.
43. Delegation of Powers.— The Government may, by notification in the Official
Gazette, delegate any of its powers and functions under this Act to the Commissioner or
to any other authority under this Act.
CHAPTER VII
44. 39[Offences Relating to Registration.— A person who fails,—
(a) to apply for registration as required under section 18; or
(b) to notify the Appropriate Assessing Authority of a change in circumstances as
required by section 22;
is guilty of an offence and liable on conviction,—
(i) where such failure is deliberate or repeated, for a fine not exceeding Twenty five
thousand rupees or to imprisonment for a term not exceeding six months, or both; or
(ii) in any other case, for a fine not exceeding Twenty five thousand rupees or to
imprisonment for a term not exceeding three months, or both.]
45. Offences Relating to Tax Invoices, Credit Notes and Debit Notes.— A
registered person who fails to provide a tax invoice as required by sub-section (1) of
section 11 or a credit or debit note as require by sub-section (1) or sub-section (2) of
section 12 or who provides a tax invoice otherwise than as provided in section 11 or a
credit or debit note as provided in section 12, is guilty of an offence and liable on
conviction to a fine not exceeding Twenty five thousand rupees or to imprisonment for a
term not exceeding six months or both.
46. Failure to File a Return.— (1) A person who fails to file a return or other
document as required by this Act or the Rules made thereunder, is guilty of an offence
and liable on conviction to a fine not exceeding Twenty five thousand rupees or to
imprisonment for a term not exceeding three months, or both.
(2) If a person convicted of an offence under sub-section (1) fails to file the return or
other prescribed documents within the period specified by the Court, that person is guilty
of an offence and liable on conviction to a fine of one thousand rupees for each day
39
Section substituted by the Amendment Act 15 of 2005.
Manual of Goa Laws (Vol. IV) – 979 – Value Added Tax Act and Rules
during which the failure continues and to imprisonment for one month without the option
of a fine in lieu of imprisonment.
47. Failure to Comply with Recovery Provisions.— A person who fails to pay any
tax in the manner provided in section 8 or in terms of a notice issued under sub-section
(6) of section 29 is guilty of an offence and liable on conviction to a fine not exceeding
Twenty five thousand rupees or to imprisonment for a term not exceeding six months, or
both.
48. Failure to Maintain Proper Records.— A person who fails to maintain true and
complete accounts and other records in accordance with the requirements of this Act is
guilty of an offence and liable on conviction to,—
(a) where the failure was deliberate or repeated, a fine not exceeding Twenty five
thousand rupees or to imprisonment for a term not exceeding six months, or both; or
(b) in any other case, a fine not exceeding Ten thousand rupees or to imprisonment
for a term not exceeding one month, or both.
(a) makes a statement to a taxation officer or any other officer authorized by the
Commissioner which is false or misleading in a material particular; or
(b) omits from a statement made to a taxation officer or to such authorized officer
any matter or thing without which the statement is misleading in a material particular,
is guilty of an offence and liable on conviction to,—
(i) where the statement or omission was made knowingly or repeatedly, a fine not
exceeding Twenty five thousand rupees or to imprisonment for a term not exceeding
six months, or both; or
(ii) in any other case, a fine not exceeding Ten thousand rupees or to imprison-
ment for a term not exceeding one month, or both.
Provided that nothing contained in this sub-section shall render the karta liable to any
punishment if he proves that the offence was committed without his knowledge or that he
had exercised all due diligence to prevent the commission of such offence:
Provided further that, where an offence under this Act has been committed by a Hindu
undivided family and it is proved that the offence has been committed with the consent or
connivance of or is attributable to any neglect on the part of any adult member of the
Hindu undivided family, such member shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Manual of Goa Laws (Vol. IV) – 981 – Value Added Tax Act and Rules
(A) Compounding of Offence.— (1) Where any person has committed an offence
under this Act, the Commissioner may, on admission by such person in writing and upon
his option for compounding at any time prior to the commencement of the court
proceedings relating thereto, compound such offence and order the person to pay such
sum of money as specified by the Commissioner, not exceeding the amount of the fine
specified for the offence in addition to the tax due.
(2) Where the Commissioner compounds an offence under this section, the order
referred to in sub-section (1)—
(a) shall be in writing and specify the offence committed, the sum of money to be paid,
and the due date for the payment; and
(b) shall be served on the person who committed the offence; and
(c) shall be final and not subject to any appeal.
(3) When the Commissioner compounds an offence under this section, the person
concerned shall not be liable for prosecution in respect of such offence or for penalty.
(4) No prosecution for an offence under this Act shall be instituted wherein penalty as
per the provisions of this Act has been imposed;
54. Penalty for Failure to Register.— A person who fails to apply for registration as
required by sub-section (1) of section 18 or sub-section (6) of section 19 is liable for
penalty not exceeding double the amount of tax payable from the time the person
becomes a taxable person until either the person files an application for registration with
the Commissioner or the Commissioner registers the person under the provisions of
sub-section (6) of section 19.
55. Penalty for Failure to File Return.— 40[(1)] A person who fails to file a return
within the time required under this Act is liable for penalty of 41[Rs. 1000/-] plus an
amount equal to simple interest @ 15% per annum or such higher/lower rate as the
Government may notify from time to time on the tax payable for the return period.
[(2) Any registered dealer covered under Schedule ‗E‘ appended to this Act, fails to
42
file return within the time required under this Act, he shall be liable for penalty of
40
Existing section No.ed as sub-section (1) by the Amendment Act 18 of 2006.
41
Substituted by the Amendment Act 12 of 2008.
42
Inserted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 982 – Value Added Tax Act and Rules
Rs.1000/- per quarter plus an amount equal to simple interest at the rate of 2% per month
on the tax payable for the return period.]
56. Penalty for Failure to Pay Tax when Due.— (1) A person who fails to pay tax as
per any order passed under this Act on or before the due date is liable for penalty of an
amount equal to interest @ 15% per annum or such higher/lower rate as the Government
may notify from time to time.
(2) If a person pays penalty under sub-section (1) and the tax to which it relates is
found not to have been due and payable by the person and/or is refunded, then so much of
the penalty as relates to the amount of the refund shall also be refunded to that person and
when the tax is found not to have been due or payable the penalty shall also be
proportionately reduced.
57. Penalty on Unauthorised Collection of Tax.— Where a person collects tax in
contravention of the provisions of this Act, the Assessing Authority may, after giving
such person reasonable opportunity of being heard, by order in writing, impose upon him
by way of penalty a sum not exceeding one and half times such tax collected.
58. Penalty in relation to records.— A person who fails to maintain proper records
in a tax period in accordance with the provisions of this Act is liable for penalty not
exceeding double the amount of net tax payable by the person for the tax period.
59. Penalty in relation to false or misleading statements.— Where a person without
reasonable cause,—
(a) makes a statement to a taxation officer or to any other authorized officer, that is
false or misleading in a material particular; or
(b) omits from a statement made to a taxation officer or such other authorized
officer any matter or thing without which the statement is misleading in a material
particular, and the tax properly payable by the person exceeds the tax that would be
payable if the person were assessed on the basis that the statement is true;
the person is liable for penalty of rupees one thousand or equal to double the amount of
the excess tax so payable, whichever is higher.
(2) Penalty under section 54, 58, 59 has been paid and the Commissioner institutes
prosecution proceedings under section 44, 48 or 50 respectively in respect of the same act
or omission, the Commissioner shall refund the amount of penalty paid and that penalty
shall not become payable unless and until the prosecution is withdrawn.
61. Power to Summon Witness and Production of Records, etc.— (1) The
Commissioner or the assessing, appellate or revising authority, for securing the
attendance of any person or for production of any document, shall have all powers
conferred on a civil court under the provisions of the Civil Procedure Code, 1908 (Central
Manual of Goa Laws (Vol. IV) – 983 – Value Added Tax Act and Rules
Act 5 of 1908), for securing the attendance witness or production of documents which
include the powers to issue summons and to examine such persons on oath and
affirmation.
(2) No suit or other proceedings shall be entertained by any court except as expressly
provided under this Act to set aside or modify any assessment or other proceedings made
under this Act and no such court can question the validity of any assessment or levy of
penalty or interest or shall grant any stay on the continuation of the proceedings under the
Act or for recovery of any amount due under the Act.
(3) No suit or other proceedings shall be instituted against the Government or any
officer of the Government for anything which is in good faith done or purported to be
done under the provisions of the Act.
62. Rounding off the Tax, etc.— The amount of tax, penalty, interest, composition
money, fine or any other sum payable, and the amount of set off or refund due under the
provisions of this Act or rules, shall be rounded off to the nearest rupee when a part of a
rupee is fifty paise or more and if such part is less than fifty paise, it shall be ignored:
Provided that, nothing in this section shall apply for the purpose of collection by a
dealer of any amount by way of tax under this Act.
CHAPTER VIII
(a) any person from whom any amount of money is due, or may become due or to a
dealer or person on whom a notice has been served under sub-section (6) of section 29,
or, who has admitted to any liability by filing a return or revised return but has not
discharged such liability; or
(b) any person who holds or may subsequently hold money for or on account of
such dealer or person,
to pay to the Commissioner, either forthwith upon the money becoming due or being
held or at or within the time specified in the notice (but not before the money becomes
due or is held as aforesaid), so much of the money as is sufficient to pay the amount due
by the dealer in respect of the arrears of tax, penalty, interest and sum forfeited under this
Act, or the whole of the money when it is equal to or less than that amount:
Explanation:— For the purposes of this section, the amount of money due to a dealer
from, or money held for or on account of a dealer, by any person, shall be calculated after
deducting therefrom such claims (if any) lawfully subsisting, as may have fallen due for
payment by such dealer to such person.
Manual of Goa Laws (Vol. IV) – 984 – Value Added Tax Act and Rules
64. Special Powers for Recovery of Tax as Arrears of Land Revenue.— The
Government may, by general or special order, published in the Official Gazette, authorize
any officer, not below the rank of Commercial Tax Officer 43[ ], to exercise, for the
purpose of effecting recovery of the amount of tax or penalty due from any dealer or
person under this Act, the powers of a Collector under the Goa Land Revenue Code, 1968
(Act No. 9 of 1969), to recover the dues as arrears of land revenue.
65. Provisional Attachment to Protect Revenue in certain cases.— (l) If, during the
course of inquiry in any proceedings including proceedings related to recovery of any
amount due, in respect of any person or dealer or during any inspection or search in
relation, to the business of any person or dealer under this Act, the Commissioner is of
the opinion that for the purpose of protecting the interests of the revenue it is necessary so
to do, then he may, notwithstanding anything contained in any law for the time being in
force or any contract to the contrary, attach provisionally by notice in writing 44[any
immovable or movable property including goods in stock and capital assets of the
business or otherwise and/or] any money due or which may become due to such person or
dealer from any other person or any money which any person holds or may subsequently
hold for or on account of such person or dealer:
Provided that, the Commissioner may, by an order, revoke such notice if the dealer
furnishes, to the Commissioner, in such time, such security, for such period, as may be
specified in the order.
(2) Every such provisional attachment shall cease to have effect after the expiry of a
period of one year from the date of service of the notice issued under sub-section (1):
Provided that, the Commissioner may, for reasons to be recorded in writing, extend the
aforesaid period by such further period or periods as he may think fit, so however that,
the total period of extension shall not in any case exceed two years.
(3) The powers under this section shall be exercised by the Commissioner himself or
the Additional Commissioner having jurisdiction over the area under this Act.
(4) Where a notice under sub-section (1) is served upon any person provisionally
attaching any money, then, such person shall be personally liable, so long as the
attachment notice is not revoked or has not ceased to have effect, to pay to the
Commissioner, the amount of money so attached.
66. Liability under this Act to be the First Charge.— Notwithstanding anything
contained in any contract to the contrary but subject to any provision regarding creation
of first charge in any Central Act for the time being in force, any amount of tax, penalty,
interest, sum forfeited, fine or any other sum, payable by a dealer or any other person
under this Act, shall be the first charge on the property of the dealer or, as the case may
be, person.
67. Transfer to Defraud Revenue Void.— (1) Where, during the pendency of any
proceeding under this Act or after the completion thereof, any dealer liable to pay tax or
43
The words ―/Sales Tax Officer Value Added Tax Officer‖ omitted by the Amendment Act 15 of 2005.
44
Inserted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 985 – Value Added Tax Act and Rules
any other sum payable under this Act, the total amount of which exceeds rupees twenty
five thousand, creates a charge on, or parts with the possession by any mode of transfer
whatsoever including sale, mortgage, gift or exchange of any of the assets of his business
valued at rupees ten thousand or more in favour of any other person, then,
notwithstanding anything contained in any Act or contract to the contrary such charge or
transfer shall be void as against any claim in respect of any tax or other sum payable by
the dealer as a result of the completion of such proceeding or otherwise:
Provided that, such charge or transfer shall not be void if made for adequate
consideration and without notice of the pendency of the proceeding.
(2) Where any person liable to pay tax or other sum payable under this Act has, during
the pendency of any proceeding under this Act or after completion thereof, created a
charge on or parted with possession by any mode of transfer including sale, mortgage,
gift or exchange of any of his assets in favour of any other person and the Commissioner
is of the opinion that such charge or transfer becomes void under sub-section (1), then the
Commissioner shall issue a notice and hold enquiry and decide whether the charge or
transfer became void under sub-section (1).
(3) If, after holding such enquiry the Commissioner comes to a conclusion that the
charge or transfer is void, he shall make an order declaring such charge or transfer to be
void for the purposes of this Act.
Explanation:— In this section, ―assets‖ includes land, building, machinery, plant,
shares, securities and fixed deposits in banks, to the extent to which any of the assets
aforesaid does not form part of the stock-in-trade of the business of the assessee.
CHAPTER IX
68. Applicability of all the Provisions of this Act or any earlier Law to Person
Liable to Pay Tax under this Act.— Where in respect of any tax including any penalty,
interest and amount forfeited due from a dealer or person under this Act or under any
earlier law, any other person is liable for the payment thereof, all the relevant provisions
of this Act or, as the case may be, of the earlier law, shall in respect of such liability apply
to such person also, as if he were the dealer himself.
69. Instructions to Sub-Ordinate Authorities.— (1) The Government and the
Commissioner may, from time to time, issue such orders, instructions and directions to all
officers and persons appointed under this Act as they may deem fit for the administration
of this Act, and all such officers and persons shall observe and follow such orders,
instructions and directions issued by the Government and the Commissioner.
(2) No orders, instructions or directions shall be issued under sub-section (1) which
interfere with the discretion of any Appellate Authority in the execution of its appellate
functions.
(3) Without prejudice to the generality of the foregoing power, the Commissioner,
may, on his own motion or on an application by a registered dealer liable to pay tax under
this Act, if he considers it necessary or expedient so to do for the purpose of maintaining
uniformity in the work of assessment and collection of revenue, clarify the rate of tax
Manual of Goa Laws (Vol. IV) – 986 – Value Added Tax Act and Rules
payable under this Act in respect of goods liable to tax under the Act, and all officers and
such persons appointed under this Act shall observe and follow such clarification.
(5) All officers and persons appointed under this Act shall observe and follow such
administrative instructions as maybe issued to him for his guidance by the Additional
Commissioner or by the Assistant Commissioner within whose jurisdiction he performs
his functions.
CHAPTER X
70. Accounts to be audited in certain Cases.— 45[(1) Every dealer liable to pay tax
shall, if his gross turnover of sales exceed rupees one crore in any year, or in any other
case, if the amount of Input Tax credit claimed by him in any year exceeds rupees ten
lacs, get his accounts in respect of such year audited by an accountant by such date and
in such manner as may be prescribed and furnish within the prescribed period the report
of such audit in the prescribed form duly verified and signed by such accountant and
setting forth such particulars and certificates as may be prescribed.]
(2) For the purposes of this section, ―Accountant‖ means a Chartered Accountant
within the meaning of the Chartered Accountants Act, 1949 (Central Act 38 of 1949).
46
[(3) If any dealer liable to get his accounts audited under sub-section (1) fails to
furnish a copy of such report within the period prescribed, the Commissioner shall,
impose on him, in addition to any tax payable, a penalty of rupees one thousand plus
rupees one hundred per day during the first sixty days of default and rupees two hundred
fifty per day thereafter, subject to a maximum of rupees one lac cumulatively.]
47
[(4) Notwithstanding anything contained in sub-section (3), the Commissioner, upon
an application from the dealer and subject to such rules as may be prescribed, remit the
whole or any part of the penalty imposed on such defaulting dealer.]
71. Assessment Proceedings, etc., not to be invalid on certain grounds.— (1) No
return, assessment (including supervision, appeal and rectification), notice, summons or
other proceedings furnished, made or issued or taken or purported to have been furnished,
made or issued or taken in pursuance of any of the provisions of this Act shall be invalid
or shall be deemed to be invalid merely by reason of any mistake, defect or omission in
such return, assessment, notice, summons or other proceedings, if such return,
assessment, notice, summons or other proceedings are in substance and effect in
conformity with or according to the intent, purposes and requirements of this Act.
(2) The service of any notice, order or communication shall not be called in question if
the said notice, order or communication, as the case may be, has already been acted upon
by the dealer or person to whom it is issued or which service has not been called in
45
Sub-section (1) substituted by the Amendment Act 12 of 2008.
46
Sub-section (3) substituted by the Amendment Act 12 of 2008.
47
Sub-section (4) inserted by the Amendment Act 12 of 2008.
Manual of Goa Laws (Vol. IV) – 987 – Value Added Tax Act and Rules
75. Establishment of Check Posts for Inspection of Goods in Transit.— (1) The
Government may, with a view to prevent or check avoidance or evasion of tax, by
notification in the Official Gazette, direct establishment of the check post or barrier at
such places as may be specified in the notification and every officer who exercise powers
and discharges his duties at such check post by way of inspection of documents produced
and goods being moved, shall be in-charge of such check post or barrier.
(2) The driver or person in charge of vehicle or carrier of goods in movement shall:—
(a) carry with him the records of the goods including ―Challan‖, bills of sale or
despatch memos and prescribed declaration form or way bill duly filled in and signed
by the consignor of goods carried;
(b) stop the vehicle or carrier at every check post set up under sub-section (1) or at
any other place as desired by an officer authorized by the Commissioner in this behalf;
(c) produce all the documents relating to the goods before the officer-in-charge of
the check-post or the authorized officer;
(d) give all the information in his possession relating to the goods;
(e) allow the inspection of the goods and search of the vehicle by the officer-in-
-charge of the check post or any authorized officer.
(3) Where any goods are in movement within the territory of the State of Goa, an
officer empowered by the Government in this behalf may stop the vehicle or the carrier or
the person carrying such goods, for inspection, at any place within his jurisdiction and
provisions of sub-section (2) shall mutatis mutandis apply.
(4) Where any goods in movement are without documents, or are not supported by
documents as referred to in sub-section (2), or documents produced appear to be false or
Manual of Goa Laws (Vol. IV) – 989 – Value Added Tax Act and Rules
forged, the officer-in-charge of the check post or the officer empowered under sub-
section (3), may—
(a) direct the driver or the person in charge of the vehicle or carrier of the goods not
to part with the goods in any manner including by transporting or re booking, till a
verification is done or an enquiry is made, which shall not take more than seven days;
(b) seize the goods for reasons to be recorded in writing and shall give receipt of the
goods seized to the person from whose possession or control they are seized.
(5) The officer-in-charge of the check post or the officer empowered under sub-section
(3), after having given the person in charge of the goods a reasonable opportunity of
being heard and after having held such enquiry as he may deem fit, shall, impose, for
possession or movement of goods, whether seized or not, in violation of the provisions of
clause (a) of sub-section (2) or for submission of false or forged documents, a penalty,
equal to twice the amount of the tax leviable on such goods or twenty per cent. of the
value of goods, whichever is higher.
(6) During the pendency of the proceeding under sub-section (5) if any one prays for
being impleaded as a party to the case on the ground of involvement of his interest
therein, the said officer-in-charge of the check post or the empowered officer, on being
satisfied, may permit him to be included as a party to the case; and thereafter, all
provisions of this section shall mutatis mutandis apply to him.
(7) The officer-in-charge of the check post or the officer empowered under sub-section
(3) may release the goods to the owner of the goods or to any person duly authorized by
such owner, on payment of the penalty imposed under sub-section (5).
(8) Where the driver or person in charge of the vehicle or the carrier is found guilty of
violation of the provisions of sub-section (2), the officer-in-charge of the check post or
the officer empowered under sub-section (3) may detain such vehicle or carrier and after
affording an opportunity of being heard to such driver or person in charge of the vehicle
or the carrier, may impose a penalty on him as provided under sub-section (5).
CHAPTER XI
76. Survey.— (1) With a view to identifying dealers who are liable to pay tax under
this Act, but have remained unregistered, the Commissioner shall, from time to time,
cause a survey of unregistered dealers to be taken.
(2) For the purposes of the survey, the Commissioner may, by general or special
notice, require any dealer or class of dealers to furnish the names, addresses and such
Manual of Goa Laws (Vol. IV) – 990 – Value Added Tax Act and Rules
other particulars as he may find necessary relating to the persons and dealers who have
purchased any goods from or sold any goods to such dealer or class of dealers during any
given period.
(3) For the purposes of survey, the Commissioner may, call for details and particulars
regarding the services provided by public utilities and financial institutions including
Banking companies which he is of the opinion will be relevant and useful for the
purposes of the survey. He may, from time to time, cause the results of the survey to be
published in any manner that he thinks fit, so however as not to disclose or indicate the
identify of any particular unregistered dealer identified during the survey.
(4) The Commissioner may, for the purposes of the survey, enter any place where a
person is engaged in business but is unregistered or has not applied for grant of a
certificate of registration, whether such place be the principal place of business or not of
such business and require any proprietor, employee or any other person who may at that
time and place be attending in any manner to or helping in the business,—
(i) to afford him the necessary facility to inspect such books of accounts or other
documents as he may require and which may be available at such place;
(ii) to afford him the necessary facility to check or verify the cash, stock or other
valuable article or thing which may be found therein; and
(iii) to furnish such information as he may require as to any matter which may be
useful for, or relevant to, any proceedings under this Act.
Explanation:— For the purposes of this sub-section, a place where a person is
engaged in business will also include any other place in which the person engaged in
business or the said employee or other person attending or helping in business states that
any of the books of accounts or other documents or any part of the cash, stock or other
valuable article or thing relating to the business are or is kept.
(5) The Commissioner shall enter the place where the person is carrying on business
only during the hours at which such place is open for business and in case of the said any
other place only after sunrise and before sunset. The Commissioner may make or cause to
be made extracts or copies from books of accounts and other documents inspected by
him, make an inventory of any cash, stock or other valuable article or thing checked or
verified by him, and record the statement of any person which may be useful for, or
relevant to, any proceeding under this Act.
(6) The Commissioner, in exercise of the powers under this section, shall, on no
account, remove or cause to be removed from the place where he has entered, any books
of accounts other documents or any cash, stock or other valuable article or thing.
77. Automation.— (1) The Government shall endeavour to introduce and establish an
automated data processing system for implementing the purposes of the Act and for
incidental and allied matters.
(2) In order to make effective the said system, the Government may, from time to time,
make regulations for regulating the interactions between the dealers, authorities appointed
Manual of Goa Laws (Vol. IV) – 991 – Value Added Tax Act and Rules
or constituted under the Act and the Government treasury, Central Government or other
State Governments and Union territories.
78. Power to collect Statistics.— (1) If the Commissioner considers that for the
purposes of better administration of this Act it is necessary so to do, he may, by
notification in the Official Gazette, direct that statistics be collected relating to any matter
dealt with, by or in connection to this Act.
(2) Upon such direction being made, the Commissioner or any person or persons
authorized by him in this behalf may, by notification in the Official Gazette; and if found
necessary by notice in any newspapers or in such other manner as in the opinion of the
Commissioner or the said person, is best calculated to bring the notice to the attention of
dealers and other person or persons, call upon all dealers or any class of dealers or
persons to furnish such information or returns as may be stated therein relating to any
matter in respect of which statistics are to be collected. The form in which, the persons to
whom, or the authorities to which, such information or returns should be furnished, the
particulars which they should contain, and the intervals in which such information or
returns should be furnished, shall be such as may be prescribed.
(3) Without prejudice to the generality of the foregoing provisions, the Government
may by rules provide that every registered dealer or, as the case may be, any class of
registered dealers shall furnish, in addition to any other returns provided for elsewhere, an
annual return in such form, by such date and to such authority as may be prescribed and
different provisions may be made for different classes of registered dealers.
79. Disclosure of Information by a Public Servant.— (1) All particulars contained in
any statement made, return furnished or accounts or documents produced in accordance
with this Act, or in any record of evidence given in the course of any proceedings under
this Act (other than proceeding before a Criminal Court), or in any record of any
assessment proceeding, or in any proceeding relating to the recovery of a demand, shall,
save as provided in sub-section (3), be treated as confidential; and notwithstanding
anything contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872), no court
shall save as aforesaid, be entitled to require any servant of the Government to produce
before it any such statement, return, account, document or record or any part thereof, or to
give evidence before it in respect thereof.
(2) If, save as provided in sub-section (3), any servant of the Government discloses any
of the particulars referred to in sub-section (1), he shall, on conviction, be punished with
imprisonment, which may extend to six months or with fine or with both:
Provided that no prosecution shall be instituted under this section except with the
previous sanction of the Government.
(3) Nothing contained in this section shall apply to the disclosure of,—
(a) any such particulars in respect of any such statement, return, accounts,
documents, evidence, affidavit or deposition, for the purpose of any prosecution under
the Indian Penal Code, 1960 (Central Act 45 of 1860) or the Prevention of Corruption
Act, 1988 (Central Act 49 of 1988), or this Act, or any other law for the time being in
force; or
Manual of Goa Laws (Vol. IV) – 992 – Value Added Tax Act and Rules
(b) any such particulars to the Government or to any person acting in the execution
of this Act or to any person for the purposes of this Act; or
(c) any such particulars when such disclosure is occasioned by the lawful
employment under this Act of any process for the service of any notice or the recovery
of any demand; or
(d) any such particulars to a Civil Court in any suit, to which the Government is a
party, which relates to any matter arising out of any proceeding under this Act; or
(e) any such particulars to any officer appointed to audit receipts or refunds of the
tax imposed by this Act; or
(f) any such particulars where such particulars are relevant to any inquiry into the
conduct of an official of the 48[Commercial Tax Department] or to any person or
persons appointed as Commissioner under the Public Servants (Inquiries) Act, 1850
(Central Act 37 of 1850), or to any officer otherwise appointed to hold such inquiry or
to a Public Service Commission established under the Constitution, when exercising its
functions in relation to any matter arising out of such inquiry; or
(g) such facts to an officer of the Central Government or any State Government or
Union territory as may be necessary for the purpose of enabling that Government to
levy or realise any tax or duty imposed by it; or
(h) any such particulars, when such disclosure is occasioned by the lawful exercise
by a public servant of his powers under the Indian Stamp Act, 1899 (Central Act 2 of
1899), to impound an insufficiently stamped document; or
(i) any such particulars where such particulars are relevant to any inquiry into a
charge of misconduct in connection with sales tax proceedings against a legal
practitioner, sales tax practitioner or Chartered Accountant, Cost Accountant, to the
authority, if any, empowered to take disciplinary action against members practising the
profession of a legal practitioner, sales tax practitioner or Chartered Accountant, Cost
Accountant, as the case may be; or
(j) any such particulars to the Director, Bureau of Economics and Statistics or any
officer serving under him or to any person or persons authorized under sub-section (2)
of section 78 as may be necessary for enabling the Director or such person or persons
to carry on their official duties.
(k) any such particulars to an officer of the Central Government or any State
Government or Union territory as may be necessary for the administration of any law
in force in any part or the whole of India.
48
Substituted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 993 – Value Added Tax Act and Rules
referring to a particular dealer and no such information shall be used for the purpose of
any proceedings under the provisions of this Act.
(2) Except for the purposes of prosecution under this Act or any other Act, no person
who is not engaged in the collection of statistics under this Act or of compilation or
computerization thereof for the purposes of administration of this Act, shall be permitted
to see or have access to any information of any individual return referred to in this
section.
(3) If any person required to furnish any information or return under section 78,—
(a) wilfully refuses or without lawful excuse neglects to furnish such information or
return as may be by that section be required; or
(b) wilfully furnishes or causes to be furnished any information or return which he
knows to be incorrect or false,
he shall on conviction be punished with fine which may extend to one thousand rupees
and in case of a continuing offence to a further fine which may extend to one hundred
rupees for each day after the first day during which the offence continues.
(4) If any person engaged in connection with the collection of statistics under section
78 or compilations or computerization thereof wilfully discloses any information or the
contents of any return given or made under that section, otherwise than in execution of
his duties under that section or for the purposes of the prosecution of an offence under
this Act or under any other Act, he shall on conviction be punished with imprisonment for
a term which may extend to six months or with fine which may extend to one thousand
rupees, or with both.
(5) Nothing in this section will apply to publication of any information relating to a
class of dealers or class of transactions, if in the opinion of the Commissioner, it is
desirable in the public interest, to publish such information.
(2) No publication or disclosure under this section shall be made in relation to any tax
levied or penalty imposed or interest levied or any conviction for any offence connected
with any proceeding under this Act, until the time for presenting an appeal to the
appropriate appellate authority has expired without an appeal having been presented or
the appeal, if presented has been disposed of.
be published or disclosed, if, in the opinion of the Government, the circumstances of the
case justify it.
CHAPTER XII
82. Appearance before any authority in proceedings.— (1) Any person, who is
entitled or required to attend before any authority including the Tribunal in connection
with any proceeding under this Act, may be represented—
(a) by a relative or a person regularly employed by him; or
(b) by a legal practitioner, Chartered Accountant or Cost Accountant or Company
Secretary who is not disqualified by or under sub-section (2); or
(c) by a 49[Commercial tax practitioner] who possesses the prescribed qualifications
and on payment of prescribed fees, and is entered in the list which the Commissioner
shall maintain in that behalf, and who is not disqualified by or under sub-section (2); or
(d) any person who, immediately before the commencement of this Act was a sales
tax practitioner under any earlier law,
only if such relative, person employed, legal practitioner, Chartered Accountant, Cost
Accountant, Company Secretary or 50[commercial tax practitioner or sales tax practitioner
is authorized] by such person in the prescribed form, and such authorization may include
the authority to act on behalf of such person in such proceedings.
(2) The Commissioner may, by order in writing and for reasons to be recorded therein,
disqualify for such period as is stated in the order from attending before any such
authority, any legal practitioner, Chartered Accountant, Cost Accountant, Company
Secretary or 51[Commercial tax practitioner]
(i) who has been removed or dismissed from Government service; or
(ii) who being a 52[Commercial tax practitioner], a legal practitioner or a Chartered
Accountant, Cost Accountant, Company Secretary is found guilty of misconduct in
connection with any proceedings under this Act by the Commissioner or by an
authority, if any, empowered to take disciplinary action against the member of the
profession to which he belongs.
(3) No order of disqualification shall be made in respect of any particular person unless
he is given a reasonable opportunity of being heard.
(4) Any person against whom any order of disqualification is made under this section,
may, within one month of the date of communication of such order appeal to the Tribunal
to have the order cancelled or modified.
(5) The order of the Commissioner shall not take effect until one month of the making
thereof or when an appeal is preferred until the appeal is decided.
49
Substituted by the Amendment Act 18 of 2006
50
Substituted by the Amendment Act 18 of 2006.
51
Substituted by the Amendment Act 18 of 2006.
52
Substituted by the Amendment Act 18 of 2006.
Manual of Goa Laws (Vol. IV) – 995 – Value Added Tax Act and Rules
(6) The Commissioner may, at any time, suo motu or on an application made to him in
this behalf, revoke or modify any order made against a person under sub-section (2) and
thereupon such person shall cease to be disqualified subject to such conditions or
restrictions that may be contained in such order.
83. Power to make Rules.— (1) The Government may, by notification in the Official
Gazette make rules for carrying out the purposes of this Act.
(2) Without prejudice to any power to make rules contained elsewhere in this Act, the
Government may make rules generally to carry out the purposes of this Act; and such
rules may include rules for levy of fees for any of the purposes of this Act.
(3) In making any rules the Government may direct that a breach thereof shall be
punishable with fine not exceeding five thousand rupees, and when the offence is a
continuing one, with a daily fine not exceeding one hundred rupees during the
continuance of the offence.
(4) Every rule made under this section shall be laid as soon as may be after it is made
on the table of Legislative Assembly while it is in session for a total period of thirty days
which may be comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately following, the
Legislative Assembly agrees in making any modification in the rule or the Legislative
Assembly agrees that the rule should not be made and notify such decision in the Official
Gazette, the rule shall from the date of publication of such notification have effect only in
such modified form or be of no effect, as the case may be; so however that any such
modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
84. Declaration of Stock of Goods held on the appointed Day.— The Commissioner
may by notification in the Official Gazette, require that any class of registered dealers as
may be specified in the notification declare such details regarding the stock of goods held
by them on the day immediately preceding the appointed day in such manner and within
such period and with such particulars and to such authority, as he may notify in this
behalf.
85. Bar to certain Proceedings.— (1) No order passed or proceedings taken under
this Act or rules or notification by any authority appointed or constituted under this Act,
shall be called in question in any Court, and save as is provided by section 38, no appeal
shall lie against any such order.
(2) No appeal shall lie against—
(i) any notice issued under this Act, rules or notifications; or
(ii) any order issued on an application for installment; or
(iii) an order pertaining to the seizure or retention of books of accounts, registers
and other documents; or
(iv) an order sanctioning prosecution under this Act.
86. Repeals.— The Goa Sales Tax Act, 1964 (Act 4 of 1964), is hereby repealed.
Manual of Goa Laws (Vol. IV) – 996 – Value Added Tax Act and Rules
87. Savings.— (1) Notwithstanding the repeal by section 86 of the law referred to
therein,—
(a) that law (including earlier law continued in force under any provisions thereof),
and all rules, regulations, orders, notifications, forms, certificates and notices issued
under that law and in force immediately before the appointed day shall subject to the
other provisions of this Act, in so much as they apply, continue to have effect for the
purposes of the levy, assessment, reassessment, appeal, revision, rectification,
reference, payment and recovery, collection, refund or set off of any tax, exemption
from payment of tax, the imposition of any penalty, or of interest or forfeiture of any
sum, which levy, assessment, reassessment, appeal, revision, rectification, reference,
payment and recovery, collection, refund, set off, exemption, penalty, interest or
forfeiture of any sum relates to any period ending before the appointed day, or for any
other purpose whatsoever connected with or incidental to any of the purposes aforesaid
and whether or not the tax, penalty, interest or sum forfeited, if any, in relation to such
proceedings is paid before or after the appointed day.
(b) (i) any registration certificate issued under the Goa Sales Tax Act, 1964 (Act 4
of 1964), in so far as the liability to tax under sub-section (1) of section 3 of this Act
exists, be deemed to be the certificate of registration issued under this Act, and
accordingly the dealer holding such registration certificate immediately before the
appointed day, shall until the certificate is duly cancelled, be deemed to be a dealer
liable to pay tax under this Act and to be a registered dealer under this Act and all the
provisions of this Act will apply to him as they apply to a dealer liable to pay tax under
this Act.
(ii) any certificate of registration issued to any dealer and valid on the day
immediately preceding the appointed day, issued under the Goa Sales Tax Act, 1964
(Act 4 of 1964), shall notwithstanding that the dealer is not liable to pay tax under
section 3 of this Act be deemed to be the certificate of registration issued under this
Act until it is duly cancelled in accordance with the provisions of this Act and such
dealer shall continue to be liable to pay tax under this Act and be deemed to be a
registered dealer till such cancellation and all the provisions of this Act will apply to
him as they apply to a dealer liable to pay tax under this Act;
(c) any person appointed as the Commissioner, Additional Commissioner or
Assistant Commissioner, or any person appointed to assist the Commissioner, under
the repealed Act and continuing in the office immediately before the appointed day,
shall, on and from the appointed day, be deemed to have been appointed under this Act
and shall continue in office as such till such person ceases to be the Commissioner,
Additional Commissioner or Assistant Commissioner or ceases to be the person
appointed to assist the Commissioner;
(d) Nothing in this Act or the Rules made thereunder shall be deemed to impose, or
authorize the imposition of a tax on any sale or on any goods when such sale or
purchase take place—
(i) in the course of inter-state trade or commerce;
(ii) outside Goa; or
Manual of Goa Laws (Vol. IV) – 997 – Value Added Tax Act and Rules
(iii) in the course of import of the goods into, 53[or export of the goods out of],
the territory of India.
Explanation:— Sections 3, 4 and 5 of the Central Sales Tax Act, 1956 (Central Act 74
of 1956), shall apply for determining whether or not a particular sale or purchase take
place in the manner indicated in clause (i), clause (ii) or clause (iii).
88. Construction of References in any Repealed Law to Officers, Authorities,
etc.— Any reference in any provision of any law now repealed by this Act to an officer,
authority or Tribunal shall for the purpose of carrying into effect the provisions contained
in section 87 be construed as reference to the corresponding officer, authority or Tribunal
appointed or constituted by or under this Act; and if any question arises as to who such
corresponding officer, authority or Tribunal is, the decision of the Government thereon
shall be final.
89. The Goa Sales Tax Deferment-turn-net present value compulsory payment
scheme, 54[2003].— (1) Notwithstanding anything contained in this Act, Rules or
Notifications, but subject to such conditions as the Government may by general or special
order in Official Gazette, specify, where the dealer to whom the benefit under the Goa
Sales Tax Deferment-Cum-Net Present Value Compulsory Payment Scheme, 55[2003] has
been granted and when respective Net Present Value as provided in the said Scheme has
been deposited in accordance with the provision of this Act or earlier law or rules made
thereunder, the balance amount of net tax payable/output tax payable, shall be deemed to
have been paid.
(2) The Government may modify the Goa Sales Tax Deferment-Cum-Net Present
Value Compulsory Payment Scheme, 56[2003] or replace it by a new scheme as the
circumstances may require and in that eventuality of modifying or replacing the said
scheme, the benefit conferred on the eligible unit shall continue unless such eligible unit
opt to be out of the Scheme.
57
[(3) Notwithstanding anything contained in this Act, rules or notifications framed or
issued thereunder, the Government may, by notification in the Official Gazette, frame
Scheme for allowing concession in tax payable under this Act, to new units, on
commencing their production, on such terms and conditions as it may deem fit.].
90. Removal of difficulties.— If any difficulty arises in giving effect to the provisions
of this Act, including the provisions contained in section 87, the Government may, by
general or special order, do anything not inconsistent with this Act which appears to it to
be necessary or expedient for the purpose of removing the difficulty. In particular and
without prejudice to the generality of the foregoing power any such order may provide for
the adaptations or modifications subject to which any earlier law shall apply in relation to
53
Substituted by the Amendment Act 15 of 2005.
54
Substituted in place of figure ―2001‖ by the Amendment Act 15 of 2005.
55
Substituted in place of figure ―2001‖ by the Amendment Act 15 of 2005.
56
Substituted in place of figure ―2001‖ by the Amendment Act 15 of 2005.
57
Inserted by the Amendment Act 2 of 2011.
Manual of Goa Laws (Vol. IV) – 998 – Value Added Tax Act and Rules
the proceedings in respect of the year ending on the 31st day of March of the year
preceding the year in which this Act is enforced:
Provided that no such order shall be made after the expiry of a period of two years
from the appointed day.
SCHEDULE ‗A‘
[See clause (a) of sub-section (1) of section 5]
Goods liable for Output Tax at the rate of 1%
SCHEDULE ‗B‘
58
Substituted by the notification number 4/5/2005-Fin(R &C)(78) dated 4-5-2010 published in the O.G. Series-I No. 5
(E.O.-2) dated 4-5-2010
59
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
60
Substituted by the Notification No. 4/5/2005-Fin(R&C) (29) dated 31-3-2006 published in the O.G. Series I No. 52 dated
31-3-2006 (EO-3).
61
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
Manual of Goa Laws (Vol. IV) – 999 – Value Added Tax Act and Rules
62
(8) [All utensils including pressure cookers/pans except utensils made of precious metal]
(9) Aluminium, aluminium alloys, their products (including extrusions) not elsewhere
mentioned in this schedule or in any other schedule.
63
(9A) Animal shoenails
(10) Arecanut, arecanut powder and betel nut.
64
(11) [Articles made of rolled gold, imitation gold and imitation jewellery]
(12) Artificial silk yarn, polyester fibre yarn and staple fibre yarn.
(13) Bagasse.
(14) Bamboo.
(15) Basic chromium sulphate, sodium bichromate, bleach liquid.
(16) Bearings.
65
(16A) Bed–sheet, pillow covers, sofa covers and other made-ups including curtains.
66
(16B) Beehive
(17) Beedi leaves.
(18) Beltings.
67
(19) [omitted ]
68
(20) Bitumen/coal tar.
69
(20A) Biscuits, toast, cake and pastries/savories manufactured and sold within the State.
70
(20B) Bio-mass briquettes.
71
(20C) Buckets made of iron and steel, aluminium, plastic or other materials (except of
precious metals)
(21) Bone meal.
(22) Bulk drugs.
(23) Capital goods subject to production of prescribed declaration.
72
(23A) Candles.
73
(23B) Cart driven by animals.
74
(24) Cashew kernels and raw cashew seeds.
62
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
63
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
64
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
65
Inserted vide Notification No.4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter substituted vide Notification No. 4/5/2005-Fin(R&C)(64) dated 7-7-2009 published in the
O.G. Series I No. 15 dated 9-7-09 (EO-1)
66
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
67
Omitted vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
68
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
69
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter vide Notification No. 4/5/2005-Fin(R & C) (29) dated 31-3-2006 published in the O.G.
Series I No. 52 dated 31-3-2006(E.O-3) present entry substituted .
70
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
71
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
72
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
73
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
74
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
Manual of Goa Laws (Vol. IV) – 1000 – Value Added Tax Act and Rules
75
(25) Castings of all metals.
(26) Castor oil.
76
(27) Centrifugal and mono-bloc submersible pump sets and parts thereof.
77
(27A) Omitted
78
(28) Chemical fertilizers, Bio-fertilizers and Micronutrients, also plant growth
promoters and regulators, herbicides, rodenticides, insecticides, weedicides and
pesticides,
79
(29) [Clay including fine china clay and ball clay].
(30) Coffee beans and seeds, cocoa pod, green tea leaf and chicory.
(31) Coir products excluding coir mattresses.
80
(31A) Combs.
81
(31B) Office stationery including computer stationery
82
(31C) Cheese, Cottage Cheese (Paneer), Butter and Margarine
(32) Cotton and cotton waste.
83
(32A) Omitted
(33) Crucibles.
84
(33A) Cups and glasses of paper, plastics and thermocol
(34) Declared goods as specified in section 14 of the Central Sales Tax Act, 1956
(Central Act 74 of 1956).
85
(35) [Drugs and medicines including vaccines, syringes and dressings, medicated
ointments produced under drugs licence, light liquid paraffin of IP grade.]
(36) Dyes, that is to say, (i) Acid dyes (ii) Alizarin dyes (iii) Bases (iv) Basic dyes
(v) Direct dyes (vi) Naphthols (vii) Nylon dyes (viii) Optical whitening agents
(ix) Plastic dyes (x) Reactive dyes (xi) Sulphur dyes (xii) Vat dyes (xiii) All other
dyes not specified elsewhere in the schedule.
86
(37) [Edible oils and oil cake.]
(38) Electrodes (Welding).
1-8-2005(EO-2)
75
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
76
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
77
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter vide notification No. 4/5/2005-Fin (R &C) (40) dated 30-3-2007 published in the O.G.
Series I No. 52 dated 30-3-2007 (EO-3) same has been omitted.
78
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
79
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
80
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
81
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter substituted vide Notification No. 4/5/2005-Fin(R & C) (64 ) dated 7-7-2009 published in the
O.G. Series I No. 15 dated 9-7-2009 (EO-1).
82
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter substituted vide Notification No. 4/5/2005-Fin(R & C) (64 ) dated 7-7-2009 published in the
O.G. Series I No. 15 dated 9-7-2009 (EO-1).
83
Inserted vide Notification No. 4/5/2005-Fin(R & C) (23) dated 24-8-05 and thereafter omitted vide notification
No.4/5/2005-Fin(R&C)(64) dated 7-7-2009 published in the O.G. Series I No. 15 dated 9-7-2009 (EO-1)
84
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
85
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
86
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2).
Manual of Goa Laws (Vol. IV) – 1001 – Value Added Tax Act and Rules
(39) Embroidery or zari articles, that is to say, (i) imi (ii) zari (iii) kasab (iv) saima
(v) dabka (vi) chumki (vii) gota (viii) sitara (ix) naqsi (x) kora (xi) glass beads
(xii) badla (xiii) gizal (xiv) embroidery machines (xv) embroidery needles.
87
(40) [omitted]
(41) Ferrous and non-ferrous metals and alloys; non-ferrous metals such as aluminium,
copper, zinc and extrusions of those.
88
(41A) Feeding bottles and nipples
(42) Fibres of all types and fibre waste excluding coconut fibre.
89
(43) [Fireclay, coal ash, coal boiler ash, coal cinder ash, coal powder, clinker and fly
ash.]
(44) Fried grams (roasted grams).
90
(45) [Omitted]
(46) Hand pumps and spare parts.
91
(46A) Handicrafts
(47) Herb, bark, dry plants, dry root, commonly known as jari booti and dry flower.
92
(47A) Hing (Asafoetida)
93
(47B) Honey
94
(48) [Hose pipes and fittings thereof ].
(49) Hosiery goods.
(50) Ice.
95
(51) [Incense sticks commonly known as agarbatti, dhupkathi, dhupbati, dhoop,
sambrani or lobhana and camphor].
(52) Industrial cables (High voltage cables, XLPE cables, jelly filled cables, optical
fibres).
96
(53) [Industrial inputs and packing materials as may be notified, subject to the
production of declaration as prescribed].
97
(53A) Insulators.
98
(54) IT products as may be notified by the Government including computers, telephone
and parts thereof, teleprinter and wireless equipment and parts thereof, cell phones
and parts/components thereof, DVD and CD.
(55) Kerosene oil sold through PDS.
87
Omitted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007 (Ext-3)
88
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
89
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
90
Omitted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
91
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
92
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
93
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
94
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
95
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
96
Substituted by the notification No. 4/5/2005-Fin(R&C) (16) dated 3-8-2005 published in the O.G. Series I No. 17 dated
3-8-2005 (EO-3)
97
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
98
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
Manual of Goa Laws (Vol. IV) – 1002 – Value Added Tax Act and Rules
99
(55A) Kattha
100
(55B) Kerosene lamp/lantern, petromax, glass chimney.
(56) Khandsari.
101
Khoya/ Khoa
(56A)
102
[omitted]
(56B)
103
Kites
(56C)
(57) Knitting wool.
104
Kutto Atta.
(57A)
(58) Lignite.
(59) Lime, lime stone, products of lime, dolomite, and other white washing materials not
elsewhere mentioned in this schedule or in any other schedule.
105
(60) [Linear alkyl benezene, L.A.B. Sulphonic Acid, Alfa Olefin Sulphonate.]
(61) Metals, alloys, metal powders including metal paste of all types and grades and
metal scrap other than those falling under declared goods.
106
Medical equipment/devices and implants.
(61A)
107
[Omitted].
(61B)
(62) Mixed PVC stabilizer.
108
(63) [Napa Slabs (Rough flooring stones), Shahabad, cudappa, Tandoor, Kotah and Bajri stones].
(64) Newars.
109
Non-mechanised boats used by fisherman for fishing
(64A)
110
Nuts, bolts, screws and fasteners.
(64B)
99
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
100
Inserted vide Not. No. 4/5/2005-Fin(R&C)(15) dtd. 1-8-1985 published in the O.G. Series I No. 17 dtd. 1-8-2005(EO-2)
101
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
102
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)thereafter vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I
No. 52 (EO-3) dated 30-3-2007 omitted.
103
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
104
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
105
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
106
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
107
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I
No. 52 (EO-3) dated 30-3-2007 omitted
108
Substituted vide Notification No. 4/5/2005-Fin(R&C)(64) dated 7-7-2009 published in the O.G. Series I No. 15 dated
9-7-09(Ex-ord-1)
109
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
110
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
Manual of Goa Laws (Vol. IV) – 1003 – Value Added Tax Act and Rules
111
(65) [Ores and Minerals including granite boulders and metal].
(66) Palm fatty acid.
112
(67) [Paper, newsprint and paper board].
(68) (i) Paraffin wax of all grade standards other than food grade standard including
standard wax and match wax; (ii) Slack wax.
113
(69) [Writing instruments including pens and refills geometry boxes, colour boxes,
crayons, pencils and pencil sharpeners.]
114
(70) [Pipes of all varieties including G.I. pipes, C.I. pipes, ductile pipes and PVC pipes
and fittings thereof.].
115
(71) [Hawaii chappals and straps thereof].
116
(72) [Plastic granules, plastic powder and master batches].
117
(72A) Porridge
118
(72B) [omitted ]
(73) Printed material including diary, calendar.
(74) Printing ink excluding toner and cartridges.
119
(75) (omitted).
120
(75A) Processed meat, poultry and fish.
121
(75B) Puffed rice, commonly known as muri, chira, murki etc.
(76) Pulp of bamboo, wood and paper.
122
(77) [Railway coaches, engines, wagons and parts thereof].
123
(77A) [omitted]
(78) Readymade garments.
124
(78A) Refractory monolithic
125
(78B) [omitted]
111
Substituted vide Notification No. 4/5/2005-Fin(R&C)(64) dated 7-7-2009 published in the O.G. Series I No. 15 dated
9-7-09(Ex-ord-1)
112
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
113
Substituted vide Notification No. 4/5/2005-Fin(R&C)(50) dated 28-4-2008 published in the O.G. Series I No. 4 (EO)
dated 28-4-2008
114
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
115
Substituted vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007 (EO-3)
116
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
117
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
118
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) and omitted vide Notification No. 4/5/2005-Fin(R&C) (40) dated 30-3-2007 published in the Official
Gazette Series I No. 52 datd 30-3-2007 (Ext-3)
119
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
120
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
121
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
122
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
123
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G.
Series I No. 52 (EO-3) dated 30-3-2007 omitted
124
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
125
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
Manual of Goa Laws (Vol. IV) – 1004 – Value Added Tax Act and Rules
126
(79) [Renewable energy devices and spare parts as may be notified from time to time
by the Government].
127
(79A) Rice bran
128
(79B) River sand and grit
(80) Rubber that is to say, - (a) raw rubber, latex; dry ribbed sheet of all RMA Grades,
tree lace, earth scrap, ammoniated latex, prescribed latex, latex concentrate,
centrifugal latex, dry crepe rubber, dry block rubber, crump rubber, skimmed rubber
and all other qualities and grades of latex. (b) Reclaimed rubber, all grades and
qualities; (c) Synthetic rubber.
(81) Safety matches.
129
(81A) [omitted]
(82) Seeds other than grass, vegetables and flowers
130
(83) [omitted].
(84) Ship and other water vessels.
131
(85) [Silk fabrics excluding handloom silks unless covered by Additional Excise
Duty.].
132
(85A) Singhada
133
(85B) Sirali, bageshi, barroo, date leaves, baskets made of bamboo
(86) Skimmed milk powder.
(87) Solvent oils other than organic solvent oil.
134
(87A) Spectacles, parts and components therof, contact lens and lens cleaner.
(88) Spices of all varieties and forms including cumin seed, aniseed, pepper, turmeric,
and dry chillies.
(89) Sports goods excluding apparels and footwear.
(90) Starch
135
(91) [omitted ]
136
(91A) Sweetmeat (including peddas) and farsan
137
(92) [Tamarind, tamarind seeds and powder]
138
(92A) Takhti
139
(92B) Tapioca
1-8-2005(EO-2) thereafter vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G.
Series I No. 52 (EO-3) dated 30-3-2007 omitted
126
Substituted vide Notification No. 4/5/2005-Fin(R&C) (62) dated 2-7-2009 published in the Official Gazette Series I
No. 15 dated 9-7-2009.
127
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
128
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
129
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2) thereafter vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series
I No. 52 (EO-3) dated 30-3-2007 omitted
130
Omitted vide Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
130-3-2007 (Ex-ord-3)
131
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
132
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
133
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
134
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
135
Omitted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
136
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
137
Substituted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005 (EO-2)
138
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
Manual of Goa Laws (Vol. IV) – 1005 – Value Added Tax Act and Rules
140 141
(92C) [Tea and coffee]
142
(92D) Toys excluding electronic toys
143
(92E) Tools
144
(93) [Tractors, harvesters and attachments and parts thereof including tractor tyres and
tubes].
(94) Transmission wires and towers
(95) Umbrella except garden umbrella.
145
(95A) Unbranded and branded brooms
(96) Vanaspati (Hydrogenated vegetable oil)
(97) Vegetable oil including gingli oil and bran oil
146
(97A) Wet dates
147
(97B) Wooden crates
148
(97C) Water including mineral water when sold in glass bottles
149
98 [omitted]
150
(99) Writing ink
151 152
100 [Cooked food and non-alcoholic beverages including ice-cream, supplied by any
caterers for consumption at buffet parties or supplied by industrial or factory
caterers, clubs and flight caterers, etc., but other than fast food stalls, hotels and
restaurants.]
153 154
101 [50% of the sale price of the used cars/motor vehicles including two wheelers and
three wheelers, whether or not sold after reconditioning or refurbishing, by a
registered dealer whose principal business is of buying and selling or motor vehicles].
155
102 Lease rentals in respect of transfer of right to use any goods for any purpose,
whether or not, for a specified period.
139
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
140
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
141
Substituted by the Notification No. 4/5/2005-Fin (R & C) (64 ) dated 7-7-2009 published in the Official Gazette Series I
No. 15 dated 9-7-2009 (EO-1)
142
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
143
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
144
Substituted by the Notification No. 4/5/2005-Fin(R&C) (29) dated 31-3-2006 published in the O.G. Series I No. 52
dated 31-3-2006 (EO-3)
145
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
146
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
147
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
148
Inserted vide Notification No. 4/5/2005-Fin(R & C) (40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007 (EO-3)
149
Omitted vide notification No. 4/5/2005-Fin(R&C) (40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007
150
Inserted vide Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-1985 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
151
Inserted by the Notification No. 4/5/2005-Fin(R&C) (29) dated 31-3-2006 published in the O.G. Series I No. 52 dated
31-3-2006 (EO-3)
152
Substituted by the Notification No. 4/5/2005-Fin(R&C)(49) dated 27-3-2008 published in the Official Gazette Series I
No. 52 dated 27-3-2008 (Ext)
153
Inserted by the Notification No. 4/5/2005-Fin(R&C) (29) dated 31-3-2006 published in the O.G. Series I No. 52 dated
31-3-2006 (EO-3)
154
Substituted by the Notification No. 4/5/2005-Fin(R&C) (40) dated 30-3-2007 published in the O.G. Series I No. 52
dated 30-3-2007 (EO-3)
155
Inserted by the Notification No. 4/5/2005-Fin(R&C) (29) dated 31-3-2006 published in the O.G. Series I No. 52 dated
31-3-2006 (EO-3)
Manual of Goa Laws (Vol. IV) – 1006 – Value Added Tax Act and Rules
156
103 Karnaji Oil
157
104 Ready mixed concrete
158
105 X-ray Films and other Diagnostic Films.
159
106 Environment friendly recycled products as may be notified by the Government from
time to time.
160
107 [Condemned vehicles and/or vehicles sold re-sold out of fixed assets of business]
161
108 Nylon Ropes-(HSN 5607 50 40)
162
109 Plant and Machinery
163
110 [Automatic Teller Machine with payment and/ or depository function]
164
111 Bags made of paper or plastic including carry–bags used in wrapping or packing
consumer goods, (HSN 4819.30.00, 4819.40.00 and 3923.20.00)
165
112 Photographic paper and chemicals (HSN 3703.00.00 and 3707.00.00)
166
113 Plastic tarpaulin and HDPE fabrics
167
114 Vermicelli
168
115 Baking Yeast
169
116 Wooden logs and sawn timber, excluding mouldings and any articles made of timber
170
117 Dry Fruits
SCHEDULE ‗C‘
[See clause (c) of sub-section (1) of section 5]
Sr. No. Name of the Commodity Rate of tax
(1) (2) (3)
(1) Aviation spirit, aviation turbine fuel and A. V. Gas other than 20%
covered by entry 34 of Schedule ―B‖.
171
(2) [omitted.] [omitted]
156
Inserted by the Notification No. 4/5/2005-Fin(R&C) (29) dated 31-3-2006 published in the O.G. Series I No. 52 dated
31-3-2006 (EO-3)
157
Inserted vide Notification No. 4/5/2005-Fin(R&C) (34) dated 1-9-2006 published in the O.G. Series I No. 22 dated
1-9-2006 (Ex-rd-3)
158
Inserted vide Notification No. 4/5/2005-Fin(R&C) (46) dated 9-1-2008 published in the O.G. Series I No. 40 dated
9-1-2008 (Ex-rd-3)
159
Inserted vide Notification No. 4/5/2005-Fin(R&C) (46) dated 9-1-2008 published in the O.G. Series I No. 40 dated
9-1-2008 (Ex-rd-3)
160
Inserted vide Notification No. 4/5/2005-Fin(R&C) (49) dated 27-3-2008 published in the O.G. Series I No. 52 dated
27-3-2008 (Ex-Ord-) thereafter substituted vide Notification No. 4/5/2005-Fin(R&C)(64) dated 7-7-2009 published in
the O.G. Series I No. 15 dated 9-7-2009(Ext-Ord-1)
161
Inserted vide Notification No. 4/5/2005-Fin(R&C) (49) dated 27-3-2008 published in the O.G. Series I No. 52 dated
27-3-2008 (Ex-Ord-)
162
Inserted vide Notification No. 4/5/2005-Fin(R&C) (50) dated 28-4-2008 published in the O.G. Series I No. 4 dated
28-4-2008
163
Inserted vide Notification No. 4/5/2005-Fin(R&C) (50) dated 28-4-2008 published in the O.G. Series I No. 4 dated
28-4-2008 and present entry substituted vide Notification No.4/5/2005-Fin(R&C)(64) dated 7-7-2009 published in O.G.
Series I No. 15 dated 9-7-2009 (E.O.-I)
164
Inserted vide Notification No. 4/5/2005-Fin(R&C) (50) dated 28-4-2008 published in the O.G. Series I No. 4 dated
28-4-2008
165
Inserted vide Notification No. 4/5/2005-Fin(R&C) (50) dated 28-4-2008 published in the O.G. Series I No. 4 dated
28-4-2008
166
Inserted vide Notification No. 4/5/2005-Fin(R&C) (50) dated 28-4-2008 published in the O.G. Series I No. 4 dated
28-4-2008
167
Inserted vide Notification No. 4/5/2005-Fin(R&C) (64) dated 7-7-2009 published in the O.G. Series I No. 15 dated
9-7-2009(EO-1)
168
Inserted vide Notification No. 4/5/2005-Fin(R&C) (64) dated 7-7-2009 published in the O.G. Series I No. 15 dated
9-7-2009(EO-1)
169
Inserted vide Notification No. 4/5/2005-Fin(R&C) (64) dated 7-7-2009 published in the O.G. Series I No. 15 dated
9-7-2009(EO-1)
170
Inserted vide Notification No. 4/5/2005-Fin(R&C) (64) dated 7-7-2009 published in the O.G. Series I No. 15 dated
9-7-2009(EO-1)
171
Entry was omitted vide Notification dated 24-8-2005 however same has been inserted again vide Notification
Manual of Goa Laws (Vol. IV) – 1007 – Value Added Tax Act and Rules
172
(3) Foreign liquor and Beer as defined in Goa Excise Duty Act, 1964 [20%]
(Act 5 of 1964).
173
(4) High Speed Diesel Oil (HSD). [18%]
174
(5) Indian made foreign liquor including Beer as defined in Goa Excise [20%]
Duty Act, 1964 (Act 5 of 1964).
(6) Light Diesel Oil (LDO). 20%
(7) Lotteries including online lotteries. 20%
175
(8) Motor spirit which is commonly known as petrol including ethanol [20%]
blended petrol.
(9) Molasses. 20%
176
(10) [Naphta other than used as raw material by chemical fertilizer 20%
industry] .
(11) Rectified spirit. 20%
(12) Any other Petroleum Products not specifically described 20%
hereinabove or in any of the Schedules appended hereto other than
Kerosene Oil and Liquified Petroleum Gas, Furnace oil and
substitute furnace fuel including low sulphur heavy stock and
Lubricating oil and grease.
177
13 Plasma TV, LCD TV, Air-conditioner, DVD player, Home Theatre 15%
and consumer durables costing Rs.30000/- and above, per item
178
14 Works Contract 8%
179
15 CFL Bulbs and Tubes 8%
180
16 Declared goods as specified in section 14 of the Central 4%
Sales Tax Act, 1956 (Central Act 74 of 1956) excluding
liquified petroleum gas for domestic use
SCHEDULE ‗D‘
[See clause (d) of sub-section (1) of section 5]
Goods Exempted from Tax
No. 4/5/2005-Fin(R&C) (65) dated7-7-2009 published in O.G. Series I No. 15 dated 9-7-09 (E.O.-I)and again omitted.
by the Notification No. 4/5/2005-Fin(R&C)(77) dated 4-5-2010 published in the O.G.(EO-2)) No. 5 dated 4-5-2010
172
Substituted vide Notification No. 4/5/2005-Fin)R&C) (29)dated 31-3-2006 published in O.G. Series I No. 52 dated
31-3-2006
173
Substituted vide Notification No. 4/5/2005-Fin(R&C)(82) dated 16-7-2010 published in the O.G. Series I No.16 dated
16-7-2010 (EO)
174
Substituted vide Notification No. 4/5/2005-Fin(R&C)(23) dated 24-8-2006 published in O.G. Series I No.20 dated
24-8-2005 (EO-2)
175
Substituted vide Notification No. 4/5/2005-Fin(R&C) (52) dated 6-6-2008 published in the O.G. Series I No.10 dated
6-6-2008 (E.O.)
176
Substituted vide Notification No. 4/5/2005-Fin(R&C)(34) dated 1-9-2006 published in the O.G. Series I No.22 dated
1-9-2006 (E.O.-3)
177
Inserted vide Notification No. 4/5/2005-Fin(R&C)(50) dated 25-4-2008 published in the O.G. Series I No. 4 dated
28-4-2008 (E.O.)
178
Inserted vide Notification No. 4/5/2005-Fin(R&C)(65) dated 7-7-2009 published in the O.G. Series I No.15 dated
9-7-2009 (EO-1)
179
Inserted vide Notification No. 4/5/2005-Fin(R&C)(65) dated 7-7-2009 published in the O.G. Series I No.15 dated
9-7-2009 (EO-1)
180
Inserted by the notification dated 4-5-2010 and substituted by the Notification No. 4/5/2005-Fin(R&C)(81)dated 16-
7-2010 published in the O.G. Series I No. 16(E.O.) dated16-7-2010
Manual of Goa Laws (Vol. IV) – 1008 – Value Added Tax Act and Rules
181
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No.17 dated
1-8-2005(EO-2)
182
Serial Nos. 3 to 68 substituted in place of bracket Nos. vide Notification No. 4/5/2005-Fin(R&C)(66) dated 7-7-2009
and published in O.G. Series I No. 15 dated 9-7-2009 (EO-1)
183
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No.17 dated
1-8-2005(EO-2)
184
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No.52 dated
30-3-2007(EO-3)
185
Substituted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
186
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No.52 dated
30-3-2007(EO-3)
187
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No.52 dated
30-3-2007(EO-3)
188
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No.52 dated
30-3-2007(EO-3)
189
Substituted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No.17 dated
1-8-2005(EO-2)
190
Substituted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No.17 dated
1-8-2005(EO-2)
191
Substituted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No.17 dated
1-8-2005(EO-2)
Manual of Goa Laws (Vol. IV) – 1009 – Value Added Tax Act and Rules
192
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3) and thereafter vide Notification No.4/5/2005-Fin(R&C)(50) dated 25-4-2008 Pub. In O.G. Series I
No. 4 dt.28-4-2008 (Ext.) omitted.
193
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
194
Omitted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated 1-
8-2005(EO-2)
195
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
196
Substituted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
197
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
198
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
199
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
200
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
201
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
Manual of Goa Laws (Vol. IV) – 1010 – Value Added Tax Act and Rules
30-3-2007(EO-3) and thereafter vide Notification No. 4/5/2005-Fin(R&C)(50) dated 25-4-2008 Pub. In O.G. Series I
No. 4 dt.28-4-2008 (Ext.) omitted.
202
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3) and thereafter entry substituted vide Notification No. 4/5/2005-Fin(R&C)(49) dated 27-3-2008
published in the O.G. Series I No. 52 dated 27-3-2008
203
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
204
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
205
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
206
Inserted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
207
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
208
Substituted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
209
Inserted by the Notification No. 4/5/2005-Fin(R&C)(40) dated 30-3-2007 published in the O.G. Series I No. 52 dated
30-3-2007(EO-3)
210
Omitted by the Notification No. 4/5/2005-Fin(R&C)(41) dated 19-4-2007 published in the O.G. Series I No. 3 dated
19-4-2007(EO)
211
Inserted by the Notification No. 4/5/2005-Fin(R&C)(43) dated 29-11-2007 published in the O.G. Series I No. 35 dated
29-11-2007(EO)
Manual of Goa Laws (Vol. IV) – 1011 – Value Added Tax Act and Rules
First Schedule appended to the Central Excise Tariff Act, 1985 (5 of 1986) and Beedies.
212
(48) [omitted].
(49)67
213
(50)68 Sales effected by the Depot of Canteen Stores Department (I) and Indian Naval
Canteen Services located in Goa to the members of the Armed Forces, Civilian
Personnels, paid from the Defence Estimates and to Ex-service Personnel
stationed in Goa, either directly through retail outlet or through canteen stores
other than liquor and alcoholic beverages, air conditioning plant including air
conditioners and air coolers and their components, parts and accessories;
refrigeration plants and all kinds of refrigerating appliances and equipments
including refrigerators, deep freezers, mechanical water coolers, bottle coolers,
walk in coolers and components, parts and accessories of any of them, television
sets and antennas, television cameras, television monitors and components, parts
and accessories of any of them; closed circuit television, cameras, video
television, video players, video cassettes, audio cassette players and recorders,
disc players and components, parts and accessories of any of them, electrical and
electronic instruments, apparatus and appliances, domestic electrical appliances;
motor vehicles, motor cycles, motor scooters, motorettes and three wheelers, cell
phones and parts and components thereof; DVD, CD, DTH, parts and
components thereof; Computers and parts and accessories thereof.
214
(69) (Omitted]
215
70 Liquified petroleum gas for domestic use.‖
216
SCHEDULE ‗E‘
[See sub-section (1) of section 7]
Sr. 217 Limit of Rate of
[Class of dealer]
No. turnover composition
1 2 3 4
218
1. Dealer other than the dealer of liquor in packed Rs. 80 lacs 1%
bottles, dealer effecting sale by transfer of right to
use any goods and importer
2. Reseller of liquor in packed bottles Rs. 80 lacs 2.5%
3. Hotel, restaurant, eating house, refreshment room, Rs. 80 lacs 4%
boarding establishment serving food and non-
alcoholic beverages; other than starred category
hotel, including establishment serving fast food
212
Omitted by the Notification No. 4/5/2005-Fin(R&C)(15) dated 1-8-2005 published in the O.G. Series I No. 17 dated
1-8-2005(EO-2)
213
Inserted by the Notification No. 4/5/2005-Fin (R&C)(29) dated 31-3-2006 published in the O.G. Series I No. 52 dated
31-3-2006 (EO-3)
214
Omitted by Not. No. 4/5/2005-Fin (R&C)(58) dtd. 29-1-2009 published in O.G. Series I No. 44 dtd. 29-1-2009.
215
Inserted by the Notification No. 4/5/2005-Fin (R&C)(81) dated 16-7-2010 published in the O.G. Series I No. 16 (E.O.)
dated16-7-2010
216
Entries of S. No. 1 to 6 of the Sechedule ―E‖ lastely substituted by the Notification No. 4/5/2005-Fin(R&C) (67) dated
7-7-2009 published in the Official Gazette, Series I No.15 dated 9-7-2009 (E.O.)
217
Substituted by the Amendment Act 15 of 2005.
218
Substituted by the Notification No. 4/5/2005-Fin (R&C) (67) dated 7-7-2009 published in the Official Gazette, Series I
No. 15 dated 9-7-2009 (E.O.)
Manual of Goa Laws (Vol. IV) – 1012 – Value Added Tax Act and Rules
219
Inserted by the Amendment Act 15 of 2005.
220
Inserted by the Amendment Act 15 of 2005.
Manual of Goa Laws (Vol. IV) – 1013 – Value Added Tax Act and Rules
(3) A debit note as required under this Act shall, unless the Commissioner provides otherwise,
contain the following particulars:
(a) the words ―debit note‖ in a prominent place;
(b) the commercial name, address, place of business, and the taxpayer identification number
of the registered dealer making the supply;
(c) the commercial name, address, place of business, and the taxpayer identification number
of the recipient of the taxable supply;
(d) the date on which the debit note was issued;
(e) the taxable value of the supply shown on the tax invoice, the correct amount of the
taxable value of the supply, the difference between those two amounts, and the tax charged that
relates to that difference;
(f) a brief explanation of the circumstances giving rise to the issuing of the debit note; and
(g) information sufficient to identify the taxable supply to which the debit note relates.
221
[(h) signature of the dealer or person so authorized to issue debit note.]
222
SCHEDULE ‗G‘
[See sub-section (1) of section 9]
List of Goods on which No Input Tax Credit is admissible
Sr. No. Name of the Commodity
(1) (2)
(1) Aviation spirit, Aviation turbine fuel and A. V. Gas other than covered by entry 34
of Schedule ‗B‘.
(2) High Speed Diesel Oil (HSD).
(3) Light Diesel Oil (LDO).
(4) Motor spirit which is commercially known as petrol including, ethanol blended
petrol.
(5) Furnace Oil
(6) Any other Petroleum Products not specifically described hereinabove or in any of
the Schedules appended hereto other than Kerosene Oil, Liquefied Petroleum Gas,
substitute furnace fuel including low sulphur heavy stock, Naphtha and Lubricating
Oil and Grease
223
(7) Lotteries including online lotteries
GOVERNMENT OF GOA
221
Inserted by the Amendment Act 15 of 2005.
222
Scheduled amended vide Notification No. 4/5/2005-Fin(R&C)(68) dated 7-7-2009 published in the O.G. Series I No. 15
(Extraordinary) dated 9-7-2009
223
Inserted w.e.f. 16-03-2006 vide Not. No. 4/3/2006 Fin(R&C)(1) published in the O.G. Series I No. 50 dtd 16-03-2006.
Manual of Goa Laws (Vol. IV) – 1014 – Value Added Tax Act and Rules
Department of Finance
(Rev. & Cont.)
Notification
—
4/5/2005-Fin(R&C) (2)
In exercise of the powers conferred by section 83 of the Goa Value Added Tax Act,
2005 (Act No. 9 of 2005) and all other powers enabling it in this behalf, the Government
of Goa hereby makes the following rules, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa Value
Added Tax Rules, 2005.
(2) They shall come into force on such date as the Government may, by notification,
in the Official Gazette, appoint.
2. Definitions.— (1) In these rules, unless the context otherwise requires,—
(a) ―Act‖ means the Goa Value Added Tax Act, 2005 (Act No. 9 of 2005);
(b) ―Additional Commissioner of Commercial Taxes‖ means a person appointed as
Additional Commissioner under sub-section (2) of section 13 of the Act;
(c) ―Appellate Authority‖ means the Additional Commissioner of Commercial
Taxes or the Assistant Commissioner of Commercial Taxes or such other officer not
lower than a Junior Scale Officer of Goa Civil Service, appointed by the Government
as Appellate Authority;
(d) ―Appropriate Assessing Authority‖ means,—
(i) in relation to any particular dealer, the Assistant Commissioner of Commercial
Taxes or the Commercial Tax Officer, or the Assistant Commercial Tax Officer,
within whose jurisdiction the dealer‘s place of business is situated;
(ii) in relation to a dealer who has more than one place of business in the State of
Goa, Assistant Commissioner of Commercial Taxes or the Commercial Tax Officer
or the Assistant Commercial Tax Officer, within whose jurisdiction the Head Office
of such business is situated in the State of Goa;
(iii) in relation to non-resident dealer, as defined in clause (t) of section 2 of the
Act, the Commercial Tax Officer or the Assistant Commercial Tax Officer,
nominated by the Commissioner for the purpose:
the Reserve Bank of India, or a branch of the State Bank of India or its subsidiary or
any bank so notified by the Government, situated in the area in which the dealer
concerned has his place of business or the head office, if the business is carried on at
more than one place in the State224[and includes cyber treasury so notified by the
Government.];
(f) ―Assistant Commissioner of Commercial Taxes‖ means a person appointed as
Assistant Commissioner by the Government under sub-section (2) of section 13 of the
Act;
(g) ―Assistant Commercial Tax Officer‖ means a person appointed as Assistant
Commercial Tax Officer by the Government under sub-section (2) of section 13 of the
Act;
(h) ―Commercial Tax Officer‖ means a person appointed as Commercial Tax
Officer by the Government under sub-section (2) of section 13 of the Act;
(i) ―Commercial Tax Inspector‖ means a person appointed as Commercial Tax
Inspector by the Government under sub-section (2) of section 13 of the Act;
(j) ―Form‖ means a form appended to these rules;
(k) ―month‖ means a calendar month;
(l) ―prescribed authority‖ means an Officer of the Commercial Taxes Department,
appointed as to carry out the purposes of the Act or these rules;
(m) ―return period‖ means the period for which the returns are to be furnished by a
dealer under these rules;
(n) ―Sale Bill or Cash Memorandum‖ means a bill issued by a dealer in support of
his sale and which is not a Tax Invoice;
(o) ―sales tax practitioner‖ means a person enrolled in accordance with these rules
as sales tax practitioner;
(p) ―Schedule‖ means Schedule appended to these rules;
(q) ―section‖ means section of the Act;
(r) ―Tax Invoice‖ means an invoice issued by one registered dealer to another
registered dealer in respect of sales made by him within the State, of goods taxable
under the Act;
(s) ―TIN‖ means the Tax-Payers Identification Number;
(t) ―VAT‖ means Value Added Tax;
(u) ―warehouse‖ means any enclosure, building or vessel in which any person or
dealer keeps stock of goods for sale or resale or for consumption.
(2) Words and expressions used in these rules and not defined but defined in the Act
224
Inserted vide Notification No. 4/5/2005-Fin (R&C)(56) dated 30-12-2008 published in the O.G. Series I No. 39 dated
31-12-2008 (EO)
Manual of Goa Laws (Vol. IV) – 1016 – Value Added Tax Act and Rules
shall have the same meaning respectively assigned to them under the Act.
3. Tax period.— The tax period for every registered dealer, other than those opting for
payment of composition of tax under section 7 of the Act, shall be one calendar month or
with reference to any particular dealer, such period as may be specified by the
Appropriate Assessing Authority.
(a) turnover of sales of goods on which no tax is leviable under the Act;
(b) turnover of sales of goods which has been exempted from tax;
(c) which have been taken place in the course of inter-state trade within the
meaning of section 3 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) or in
the course of import of the goods into or export of the goods out of the Territory of
India within the meaning of section 5 of the said Central Sales Tax Act, 1956;
(d) the sale price of the goods returned to the dealer by the purchaser within a
period of six months from the date of delivery thereof;
(e) sales made outside the State of goods stock transferred/consigned to other
States;
(f) sales through local agents (registered dealer) on behalf of the principal.
(2) A registered dealer may in respect of any sale effected by him to unregistered
dealer or consumer on which tax is payable by him and where he has not separately
collected any amount by way of tax or has not otherwise deducted from the aggregate of
sale-prices any amount by way of tax, deduct from the sale price of the goods the amount
arrived at by applying the following formula:—
225
Inserted vide Notification No. 4/5/2005-Fin(R&C)(56) dated 30-12-2008 published in the O.G. Series I No. 39 dated
31-12-2008 (EO)
Manual of Goa Laws (Vol. IV) – 1017 – Value Added Tax Act and Rules
the tax assessable, within thirty days from the date of commencement of 226[financial year
or from the date of commencement of validity of registration certificate, as the case may
be]:
227
[Provided that the Appropriate Assessing Authority may entertain an application for
composition of tax filed by the dealer beyond said thirty days but not later than 60 days
from the date of commencement of financial year or from the date of commencement of
validity of registration certificate as the case may be, on payment of late fee of Rs.50/-
per day of delay or a sum of Rs.1000/-, whichever is higher.
Provided further that upon an application made by the dealer to the Commissioner, the
Commissioner may, by order, for reasons to be recorded in writing, direct the Appropriate
Assessing Authority to entertain the application for composition of tax made after said
sixty days but within one hundred and fifty days, from the date of commencement of
financial year or from the date of commencement of the validity of registration certificate,
as the case may be, on payment of late fee of Rs. 100/- per day of delay beyond said 60
days or a sum of Rs.5,000/-, whichever is higher, in addition to the late fee for the period
specified in first proviso above. The dealer shall submit his application to the
Commissioner alongwith application in Form VAT XIII and receipted copy of the challan
in proof of payment of late fee and court fee stamps of the value specified in rule 46
towards processing fee.];
(2) The dealer shall not be eligible for composition of tax in case he—
(i) makes sales in the course of inter-State trade or commerce within the meaning of
section 3 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956);
(ii) brings any goods in the State of Goa or to whom any goods are dispatched from
any place outside the State;
(iii) makes consignment sale/stock transfers;
(iv) makes sales in the course of import of goods into or export of the goods out of
the territory of India, within the meaning of section 5 of the said Central Sales Tax
Act, 1956;
(v) receives any goods for sale on consignment basis or effects sales on behalf of the
principal;
(vi) manufactures any goods for sale other than covered under 228[entries (3), (4) and
(6)] of Schedule ‗E‘ to the Act;
(vii) 229[is a non-resident dealer and]
[(viii) exceeds the limit of turnover, specified in column 3 of Schedule ‗E‘ to the
230
226
Substituted vide Amendment Rules 2006 published in the Official Gazette Series, I No. 35 dated 30-11-2006
227
Substituted vide sixth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
228
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
229
Substituted vide Amendment Rules 2006 published in the Official Gazette Series I No. 35 dated 30-11-2006
230
Inserted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1019 – Value Added Tax Act and Rules
(3) The Appropriate Assessing Authority upon scrutiny of application received from
the dealer under sub-rule (1) and if it is found in order shall grant him the certificate in
Form VAT-XIV.
(4) The permission so granted shall be valid initially for a period of one year and
thereafter be renewed every year upon application in that behalf from the concerned
dealer alongwith the declaration as regards to his turnover during the immediate
preceding year. The application for renewal of the certificate shall be made within a
period of 30 days from the date of expiry of the said certificate:
231
[Provided that the Appropriate Assessing Authority may entertain an application for
renewal of certificate of composition of tax beyond said thirty days but not later than
sixty days from the date of expiry of the said certificate, on payment of late fee of Rs.
50/- per day of delay or a sum of Rs. 1000/-, whichever is higher.
Provided further that upon an application made by the dealer to the Commissioner, the
Commissioner may, by order, for reason to be recorded in writing direct the Appropriate
Assessing Authority to entertain the application for renewal of the said certificate, made
beyond sixty days, but within one hundred and fifty days from the date of expiry of said
certificate, on payment of late fee of Rs. 100/- per day of delay beyond 60 days, or a sum
of Rs. 5000/-, whichever is higher in addition to the late fee for the period specified in
first proviso above. The dealer applying to the Commissioner for renewal of certificate of
Composition of tax shall make an application on plain paper and submit the receipted
copy of the challan in proof of payment of late fee, the certificate issued to him by the
Appropriate Assessing Authority and court fee stamps of the value specified in Rule 46
towards processing fees.].
(5) A dealer to whom a certificate of composition of tax in Form VAT – XIV has been
granted if found covered any time during the year under any of the contingencies as stated
in sub-rule (2) above, such certificate shall stand withdrawn from the date of such
contingency.
The input tax credit on the stock held by the dealer on the date of such withdrawal
shall be allowed to him in accordance with the provisions of sub-rule (1) of rule 7 of these
rules.
(6) The payment of the amount of composition tax at the rate specified in Schedule
‗E‘ to the Act shall be made by the respective dealer 232 [every month in Form VAT-V in
the appropriate Government treasury, within 25 days from the expiry of each month to
which the payment relates].
(7) The dealer to whom the composition benefit has been granted, shall file return of
his sales for every quarter in Form VAT-IV, within 30 days from the end of the quarter
alongwith 233[copies of challans] acknowledging receipt of tax.
7. Input tax credit.— (1) An input tax credit claimed in respect of goods in hand at
the time of registration shall be allowed if the dealer has an invoice or invoices proving
231
Substituted vide sixth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
232
Substituted vide Amendment Rules, 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
233
Substituted vide Amendment Rules, 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1020 – Value Added Tax Act and Rules
that the goods were purchased by him within the State and within three months preceding
the date of commencement of validity of registration certificate:
Provided that in working out the input tax credit, the purchases made during the period
prior to the appointed day, if any, shall be excluded.
(2) 234 [Where a registered dealer manufactures any goods, the sales of which are
taxable and exempt], the following conditions shall apply for arriving at the eligible input
tax credit—
(i) where all the sales of a registered dealer for that tax period are taxable, the
whole of the input tax may be claimed as a credit.
(ii) where only a part of the sales of a registered dealer for any tax period is taxable,
the amount of input tax credit shall be worked out in proportion of taxable turnover to
the turnover of sales of goods on the purchases of which input tax credit is claimed.
(iii) Where a registered dealer makes sale of taxable goods, exempt goods and
exempt transaction in a tax period, he shall make the calculation of input tax credit in
proportion to such sales. Input tax credit in respect of stock transfers will be subject to
the provisions of sub-section (3) of section 6 of the Act.
Explanation:— ―exempt transactions‖ means stock transfers and consignment sales.
(3)235[(i) No input tax credit shall be available to the purchasing registered dealer in
respect of purchases made by him on the strength of sale bill or cash memorandum.
(ii) No input tax credit shall be available to the purchasing registered dealer in
respect of purchases made from outside the State.
(iii) No input tax credit shall be available to the registered dealer in respect of
exempt sales].
(4) Invoice to be issued by industrial unit covered under the Goa Sales Tax
Deferment-cum-Net Present Value Compulsory Payment Scheme, 2003 or under the
modified or replaced new Scheme, shall be termed as ―Restrictive Tax Invoice‖ and input
tax credit admissible against such purchases shall be governed as per relevant condition in
the said scheme.
8. Input tax credit on stock held on the appointed day.— (1) If on the appointed
day a registered dealer has in stock goods, other than capital goods, on which sales tax
has been paid under the earlier law, he shall make a declaration to the Appropriate
Assessing Authority in the form to be notified by the Commissioner and submit the total
value of stock of goods held on the appointed day which shall entitle him to claim input
tax credit on the goods purchased on payment of tax under the earlier law.
(2) The conditions for claiming input tax credit on such stock shall be as under:-
(a) The dealer claiming input tax credit must be registered under the Act, on the
appointed day.
234
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
235
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1021 – Value Added Tax Act and Rules
(b) A claim for input tax credit must be made in the form to be notified by the
Commissioner within thirty days from the appointed day, however, on an application
from the dealer the Appropriate Assessing Authority may allow such claims beyond
thirty days for good and sufficient reason but not later than sixty days from the
appointed day.
(c) The dealer should submit to the notified authority an inventory of such goods
held by him on the day immediately preceding the appointed day along with his
application as required under clause (b) above.
(d) Where documentary evidence of sales tax charged is available, the value on
which the sales tax is calculated shall be used as the basis for claiming the input tax
credit and incase such purchases are inclusive of tax that is second sale where tax
amount is not separately shown, the value of such stock shall be reduced by ten per
cent. and on such reduced stock net of tax shall be determined by applying the
following formula:
A=Bx100
100+R
where ‗A‘ is value of stock exclusive of tax
‗B‘ is value of stock including tax
‗R‘ is rate of tax under the earlier law
The tax rate for the purpose of calculation of input tax credit being applied to that
value shall be the rate of sales tax specified in the earlier law for the said goods or the rate
applicable under the Act, whichever is lower. For the purpose of this sub-clause the goods
purchased by the registered dealer during the last 12 months preceding to the appointed
day shall be eligible for claiming the input tax credit;
(e) If the purchases are made locally availing concessional rate of tax under section
10A of the Goa Sales Tax Act, 1964, for the purpose of calculation of input tax credit
of such goods in stock on the appointed day shall be allowed at such concessional rate.
9. Refund in case of export.— (1) A dealer whose sales are in the course of export
out of territory of India within the meaning of sub-section (1) and sub-section (3) of
section 5 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), shall furnish an
application in Form VAT- XXVI to the Appropriate Assessing Authority for claim of
refund of input tax paid by him, alongwith the return in Form VAT-III.
(2) The Appropriate Assessing Authority shall verify the correctness of the claim of
such refund and on being satisfied, shall issue the refund voucher in Form VAT- XII
which shall be credited to the declared bank account of the dealer in the manner specified
under rule 30 within three months from the date of filing of application claiming the
refund.
236
[Provided that no refund exceeding rupees fifteen lacs shall be made without prior
approval of the Commissioner.]
236
Inserted vide sixth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
Manual of Goa Laws (Vol. IV) – 1022 – Value Added Tax Act and Rules
(3) Interest due, if any, on refunds as provided under sub-section (2) of section 33 of
the Act, shall be paid to the dealer alongwith the principal amount in the manner as
provided in rule 30.
237
[9A. Refund of input tax credit exceeding tax liability.— (1) When there is any
unadjusted input tax credit exceeding tax liability whereby a dealer is entitled for refund
of tax, the Appropriate Assessing Authority shall proceed to refund such amount to the
person concerned by issue of refund voucher in Form VAT-XII and by crediting the
amount to the bank account declared by the dealer in the manner specified in rule 30,
within three months from the date of filing of the last quarterly return of the respective
financial year or from the date of filing of an application claiming such refund by the
dealer, whichever is later.
(2) Interest due, if any, on refunds shall be paid as provided in sub-section (2) of
section 33 of the Act, alongwith the principal amount, in the manner as provided in rule
30.]
10. Particulars of sale bill or cash memorandum.— (1) A sale bill or cash
memorandum as specified in section 11 of the Act, issued by a registered dealer where
the value of the goods sold is in excess of one hundred rupees, or a registered dealer
selling non-taxable goods or registered dealer selling goods in the course of inter-state
trade or commerce or in the course of export out of the territory of India or import into
the territory of India, shall contain the following details.—
(a) a consecutive serial number with date of sale;
(b) the name, address and registration number of the selling dealer and ;
(c) a description of the goods with its value.
(2) A sale bill shall be issued in duplicate, even where it is generated by any electronic
or mechanical device, a copy marked ―original‖ shall be delivered to the buyer and the
duplicate copy be retained by the registered dealer.
11. Credit and Debit notes.— (1) Credit note or Debit note specified under section 12
of the Act shall be issued within a period of six months from the date of original sale or
purchase.
(2) It shall contain the particulars as specified in Schedule ―F‖ to the Act and with
consecutive serial number and the number and date of the relevant tax invoice.
(3) In case goods are returned within the time specified, the claim for adjustment shall
be allowed with reference to the year under which respective sales or purchases are made.
12. Raising objection as to the jurisdiction of any officer or person.— An
application raising an objection as to the jurisdiction of any officer or person, as provided
under sub-section (7) of section 13 of the Act, shall be made to the concerned officer in
Form VAT-XXXI and shall be submitted in duplicate bearing fees in the form of court
fee stamps of the amount as prescribed in rule 46.
237
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1023 – Value Added Tax Act and Rules
On receipt of the application the concerned officer or person whose jurisdiction has
been challenged shall submit the same to the Commissioner with his comments within 10
days from the date of receipt thereof.
The Commissioner shall dispose of such application within a period of 60 days after
giving the applicant a reasonable opportunity of being heard.
13. Subordination of Officers.— For the purpose of sub-section (8) of section 13 of
the Act, the subordination of Officers and persons shall be as follows, that is to say,—
(a) The Additional Commissioner of Commercial Taxes shall be subordinate to the
Commissioner;
(b) The Assistant Commissioner of Commercial Taxes shall be subordinate to the
Additional Commissioner of Commercial Taxes;
(c) Any other Officers or persons appointed under sub-clause (b) of sub-section (2)
of section 13 of the Act, shall be subordinate to the Additional Commissioner of
Commercial Taxes and Assistant Commissioner of Commercial Taxes.
14. Registration of dealers.— (1) An application for registration by a dealer under
sub-section (2) of section 18 of the Act shall be made in Form VAT-I hereto within 30
days from the date of commencement of liability to pay tax under the Act, to the
Appropriate Assessing Authority. An application for registration under sub-section (3) of
section 18 shall also be made in Form VAT–I hereto.
238
[Provided that the dealer who is liable to pay tax under the provisions of clause (i) of
sub-section (1) of section 3 of the Act, and has not made an application for registration as
aforesaid in Form VAT-I hereto, shall make such application within 60 days from the
appointed day.]
(2) The registration and the renewal fees as specified in second Schedule appended to
these rules shall be paid by challan in Form VAT–V hereto in the appropriate
Government treasury. Receipted copy of the challan thereof shall be submitted alongwith
the application. An application for renewal of registration certificate shall be made as per
the provisions provided in Rule 16.
(3) Provisions of sub-rule (1) and (2) above, shall also be applicable to any dealer
making application for registration after succession of any business registered under the
Act:
Provided that the registration fee of equal amount shall be payable on such application
as paid by the preceding dealer, immediately before such registration.
(4) An application for registration shall be made, signed and verified in the case of a
business owned by,—
(a) an individual, by the proprietor or by a person having due authority to act on
behalf of such proprietor;
(b) a firm, by partner thereof;
238
Inserted by the Amendment First Amendment Rules, 2005.
Manual of Goa Laws (Vol. IV) – 1024 – Value Added Tax Act and Rules
(c) a Hindu Undivided Family, by the Karta or an adult male member thereof;
(d) a body corporate (including a company, co-operative society or a corporation
or local authority) by a director, manager, secretary or principal officer thereof or by a
person duly authorised to act on its behalf;
(e) an association of individuals to which clause (b), (c), or (d) does not apply, by
the principal officer, or the person managing the business;
(f) the Government, by a person duly authorised to act on its behalf.
239
[(5) (i) The employer effecting deduction of tax at source as required under sub-
-section (1) of section 28 of the Act, shall apply for registration to the Appropriate
Assessing Authority in the prescribed Form VAT-XXIV hereto within 30 days from the
date when the first payment is made to the contractor against execution of any works
contract. No registration/renewal fee shall be payable on such application.
(ii) If the application for registration is filed after expiry of the time specified
hereinabove, the employer shall first deposit the amount of tax deducted at source and
due in respect of the period upto the date of filing of the application, in the
Government treasury and apply for condonation of delay. The Appropriate Assessing
Authority may, for good and sufficient reasons to be recorded in writing, condone the
delay and grant the certificate of registration.]
15. Grant of registration certificate.— (1) The Appropriate Assessing Authority, on
making such enquiries as it may think necessary and on being satisfied of the genuiness
of the information furnished and on ascertaining that the registration fee as specified in
the second Schedule hereto has been paid, he shall register the dealer and shall issue a
certificate of registration in Form VAT-II.
(2) In the case of an employer effecting tax deduction at source, the registration
certificate shall be issued in Form VAT-XXV hereto which certificate shall be valid for
the year in which it is issued or upto such period as specified therein.
(3) The certificate of registration issued to the dealer,—
(a) shall take effect or be valid from the date of commencement of liability to pay
tax if application for registration is made within the period specified in sub-rule (1) of
Rule 14, or
(b) shall take effect or be valid from the date on which the application has been
filed with the Appropriate Assessing Authority, if such application is made after the
expiry of the aforesaid period:
(c) shall take effect in case of an application under sub-section (3) of section 18 of
the Act, from the date of application or from such further date as the Appropriate
Assessing Authority may by Order fix:
239
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1025 – Value Added Tax Act and Rules
source is made or contractor‘s account is credited towards the payment of such deduction,
whichever is earlier;
(4) The registration certificate initially issued shall be valid for a period of three years
except for registration certificate issued to person or dealer making application under sub-
-section (3) of section 18 of the Act, which shall be valid for the year in which it is
granted or for such further period not exceeding one year.
(5) Any registered dealer may obtain from the Appropriate Assessing Authority, on
payment of fee of Rs.100/- and on production of receipt thereof from a Government
treasury, a duplicate copy of any registration certificate issued to him and which may
have been lost/destroyed/defaced.
(2) The Appropriate Assessing Authority on receipt of the application shall renew the
certificate of registration for a period of three years, making necessary endorsement
thereto or issue him a letter stating that the certificate of registration stands renewed for
specified period which will form part of the certificate of registration originally issued.
(3) The renewal fees paid in excess, if any, shall be refunded to the dealer concerned
by issue of refund voucher in Form VAT- XII. However, before proceeding to refund the
said amount to such dealer, the Appropriate Assessing Authority shall first verify if any
amount being due by the dealer is left unpaid by him and in such case shall adjust by
issue of an order in Form VAT–XVI, the amount to be refunded towards the amount due
from the dealer on the date of adjustment. If the amount of refund is less than Rs. 100/-
no refund voucher shall be issued but the amount shall be adjusted or be considered for
being adjusted in subsequent years.
17. Cancellation of registration certificate.— (1) When any registration certificate is
required to be cancelled under sub-section (8) of section 18 of the Act, the dealer shall
apply to the Appropriate Assessing Authority within 30 days from the date of occurrence
of the event necessitating cancellation.
Where:—
(i) a dealer has discontinued, transferred or otherwise disposed of his business, the
Appropriate Assessing Authority on being satisfied about the correctness of the fact he
shall order the cancellation of registration certificate with effect from the date of
discontinuance or transfer or disposal of the said business, as the case may be.
(ii) (a) the turnover of sales of a registered dealer during any year has not exceeded
the relevant limit specified under sub-section (4) of section 3 of the Act, he shall make
an application for cancellation of registration certificate to the Appropriate Assessing
Authority together with a statement of his turnover of sales of immediately preceding
year within 30 days from the close of the year. The Appropriate Assessing Authority
Manual of Goa Laws (Vol. IV) – 1026 – Value Added Tax Act and Rules
may either order the cancellation of registration certificate or specify further period not
exceeding one year for continuation of the said registration certificate.
(b) The dealer whose further period has been specified by the Appropriate
Assessing Authority under clause (a) and he is satisfied that the dealer is not liable
to pay tax under section 3 of the Act, he shall order the cancellation of registration
certificate with effect from the date of expiry of the further period specified under
clause (a) and the liability of the dealer to pay tax under sub-section (4) of section 3
shall cease with effect from the said date.
2. (a) The registration certificate issued under the Goa Sales Tax Act, 1964 (Act 4 of
1964), and held by the dealer on the day immediately preceding the appointed day and
which is deemed to be a certificate of registration issued under the Act for the purposes of
clause (b) of sub-section (1) of section 87 of the Act, shall be deemed to have been
cancelled from the date of commencement of validity of the fresh registration certificate
issued under the Act.
(b) The registration certificate issued under the Goa Sales Tax Act, 1964 (Act 4 of
1964), and held by the dealer on the day immediately preceding the appointed day and
which is deemed to be a certificate of registration issued under the Act for the purposes
of clause (b) of sub-section (1) of section 87 of the Act, shall be cancelled from the
appointed day on application from the dealer for such cancellation.
(c) The certificate of registration issued or application received under sub-section
(3) of section 18 of the Act, shall be deemed to have been cancelled from the date of
expiry of its validity.
(3) (a) When the Appropriate Assessing Authority is satisfied at any time with any
reason other than that referred to in sub-rule (1) and (2) above that, the certificate of
registration of any dealer requires cancellation, he shall, for reasons to be recorded in
writing, and after giving the dealer an opportunity of being heard, cancel the registration
certificate with effect from such date as may be specified in the order and the liability of
the dealer to pay tax shall cease with effect from the said date.
(b) (i) Every dealer whose registration is cancelled otherwise than on the basis of
application, shall surrender the certificate of registration to the Appropriate Assessing
Authority within seven days from the date of communication to him of the order of
cancellation.
(ii) If the dealer fails to surrender his certificate of registration as provided in
clause (i) above, the Appropriate Assessing Authority, may, by an order in writing
and after giving the dealer an opportunity of being heard, impose upon the dealer a
penalty not exceeding Rs. 25/- for every day of default.
(4) If cancellation of certificate of registration has been ordered as a result of closure of
business or deemed to have been cancelled on expiry of its validity then the balance of
input tax credit carried over as on the date of such cancellation shall not be eligible for
refund.
(5) The order of cancellation of certificate of registration shall be entered in the register
maintained in the office of the Appropriate Assessing Authority.
Manual of Goa Laws (Vol. IV) – 1027 – Value Added Tax Act and Rules
(2) An amendment under the foregoing sub-rule shall be effective from the date of the
contingency which necessitates the amendment, whether or not information in this behalf
was furnished within the period specified under Rule 20.
(3) In case of a company, where two or more companies are to be merged or
amalgamated by order of the Court or of the Order of the Central Government, the
Appropriate Assessing Authority shall amend the certificate of registration effective from
the date of such order.
(4) If the registered dealer fails to furnish the information as required under section 22
of the Act, the Appropriate Assessing Authority, on the basis of information which may
have come to his notice otherwise, and if he is satisfied that there has been any of the
changes covered under clauses (a) to (f) of sub-rule (1) and/or sub-rule (3) above, and the
certificate or other records of the dealer maintained in his office requires amendment, he
may, after giving the dealer an opportunity of being heard, by order, amend the certificate
accordingly. For the purpose, the dealer shall submit the certificate of registration and
copies thereof to the Appropriate Assessing Authority within the time specified in the
order.
(5) If the dealer to whom certificate in Form VAT-II has been issued reports that any
one or more additional places of business has or have been opened or closed, his
certificate of registration shall be so amended by the respective Appropriate Assessing
Authority and he shall be furnished a copy of the registration certificate for each
additional place of business.
240
[(5A)-(i) The dealer to whom the registration certificate is issued under sub-section (3)
of section 18, on his becoming liable to pay tax under any other provisions of the Act,
shall submit his certificate of registration to the Appropriate Assessing Authority for
amendment accompanied with receipted copy of the challan in proof of payment of
prescribed registration fees.
(ii) The Appropriate Assessing Authority, on being satisfied about the correctness of
the fact, shall amend the certificate of registration accordingly and on effecting such
amendment, the said certificate shall be deemed to have been issued in accordance
with the provisions of sub-section (5) of section 18 of the Act.]
(6) All the amendments in the certificate of registration shall be entered in the register
maintained in the office of the Appropriate Assessing Authority.
240
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1029 – Value Added Tax Act and Rules
23. Tax Returns.— (1) A return to be filed by a registered dealer under section 24 of
the Act, other than those opted for composition of tax under section 7 of the Act, shall be
in Form VAT-III and it shall be filed within 30 days from the end of quarter.
241
[Provided that the Commissioner may, for better compliance of the tax returns, by
order, direct that the returns be accepted beyond said 30 days but not later than 60 days,
from the end of quarter without payment of penalty, as special cases.].
(2) Notwithstanding anything contained in sub-rule (1), the Commissioner may fix
monthly returns of sales for dealers or class of dealers and such returns shall be filed
within 30 days from the end of the month.
(3) A return to be filed as specified in sub-rule (1) or sub-rule (2) above shall be
accompanied by challan(s) in proof of payment of the tax in respect of each of the month
in which net tax is payable. 242[In case the tax payment has been effected through cyber
treasury so notified by the Government or through any other electronic system
(e-payment) of payment available within the banks, notified by the Government, then
such payment be listed in the returns as per the acknowledgments received for every
e-payment.243[ ].]
244
[(3A)(i) The Government may, by notification published in the Official Gazette,
specify the date and the dealer or class of dealers, who shall file their quarterly returns
through electronic system, by such date, by availing a system code from the
Appropriate Assessing Authority:
Provided that, any dealer who is not liable to file returns through electronic system
as per clause (i) above, may, if he so desires, opt for filing his quarterly returns through
electronic system by availing a system code from the Appropriate Assessing Authority.
(ii) A dealer liable or opting to file returns through electronic system shall enter the
data in accordance with the instructions that are applicable for filing the returns
through electronic system. The dealer may visit the Department‘s official website for
more details. The returns shall indicate the details of payments of tax effected during a
quarter. Wherever the tax payments are made physically, the duplicate copies of the
challans showing payment of tax shall be filed with the Appropriate Assessing
Authority, immediately, upon filing such returns.]
(4) The returns shall be submitted to the Appropriate Assessing Authority having
jurisdiction over the dealer.
(5) In case of a registered dealer having more than one place of business, a
consolidated return shall be submitted by the Head Office of the business to the
Appropriate Assessing Authority and shall include the total sales of all the branches or
places of business of such dealer in the State.
241
Inserted vide Sixth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO).
242
Inserted by the Fifth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO).
243
Omitted by the Eight Amendment Rules, 2010 published in the Official Gazette, Series I No. 33 dated 11-11-2010(EO).
244
Inserted by the Eight Amendment Rules, 2010 published in the Official Gazette, Series I No. 33 dated 11-11-2010(EO).
Manual of Goa Laws (Vol. IV) – 1030 – Value Added Tax Act and Rules
(6) Where a registered dealer effects closure of the business and applies for cance-
llation of registration certificate in the middle of the quarter or month, he shall file return
for the period commencing from 1st day of the quarter or the month, as the case may be,
till the date of closure thereof, within 15 days of such closure.
(7) If any dealer, having furnished returns under sub-section (1) or sub-section (2) of
section 24, discovers any omission or incorrect statement, he may furnish a revised return
as provided for in sub-section (3) of section 24 of the Act, before expiry of one year
following the last date prescribed for furnishing the original return or before issue of
assessment notice, whichever is earlier, and if such revised return shows a greater amount
of tax to be due than was shown in the original return, it shall be accompanied by a
receipted copy of the challan for the payment of differential amount of tax as provided in
sub-section (3) of section 25. Such payment shall also include interest due on late
payment as provided under sub-clause (a) of sub-section (4) of section 25 of the Act.
24. Tax payments.— (1) Every registered dealer having monthly tax liability
exceeding rupees one lakh, other than those opted for composition of tax under section 7,
shall pay the tax payable under the Act for every month within twenty days from the
expiry of each month.
(2) In respect of the registered dealer, other than those opted for composition of tax
under section 7, having monthly tax liability upto one lakh, the payment shall be made
within thirty days from expiry of each month.
(3) All payments of tax under the Act shall be made in the appropriate Government
treasury under challan in Form VAT-V. 245[The dealer has option to effect payment either
through cash mode or through cyber–treasury so notified by the Government or through
any other electronic system of payment available within the bank notified by the
Government.]
(4) Where any registered dealer submits the return in the prescribed form without a
copy of the challan for having paid tax due or with payment of tax lesser than what is due,
the Appropriate Assessing Authority shall issue a notice in Form VAT-VI to the
registered dealer for the tax not paid. Such notice shall be deemed to be a demand notice
and the registered dealer shall pay the said amount demanded within thirty days from the
date of service of such notice alongwith the interest for delayed payment at the rate
provided in clause (a) of sub-section (4) of section 25.
25. Certificate for tax deduction at source.— (1) The tax deducted at source referred
to in sub-section (2) of section 28 of the Act shall be remitted as under:—
(i) the employer effecting deduction of tax under sub-section (1) of section 28 of the
Act, shall pay the tax deducted every month within the time as laid down under
rule 24 into the appropriate Government treasury and every such remittance shall
be accompanied by challan in Form VAT–XVIII hereto.
(ii) The challan shall be filled in quadruplicate. The original shall be retained by the
employer for records after making the payment. The duplicate shall be furnished
by the employer to the Commissioner alongwith the statement specified in
245
Inserted by the fifth Amendment Rules 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
Manual of Goa Laws (Vol. IV) – 1031 – Value Added Tax Act and Rules
sub-rule (2) of this rule. The triplicate copy shall be retained by the Treasury and
the quadruplicate copy shall be sent by the Treasury Officer to the Appropriate
Assessing Authority.
(2) Issue of certificate for deduction of tax at source—
(i) The certificate referred to in sub-section (3) of section 28 of the Act, shall be in
Form VAT–VII hereto and it shall carry serial number and date and shall
be signed by the employer effecting the tax deduction or his authorised
representative.
(ii) The certificate shall be issued within fifteen days from the end of the quarter
during which the deduction is effected.
(iii) Every such certificate shall be issued in quadruplicate. The original and the
duplicate shall be made over to the contractor in respect of whom deduction is
effected. The contractor shall furnish the original alongwith his return to the
Appropriate Assessing Authority retaining the duplicate for his record. The
employer shall retain the quadruplicate for his record and send the triplicate to the
Commissioner with the statement in Form VAT–XXVII hereto within thirty days
from the end of the quarter to which the statement relates.
(iv) Every employer effecting tax deduction at source and issuing certificate in Form
VAT–VII shall maintain proper record of certificates of tax deduction issued in
Form–VAT XXVIII hereto which shall be open for inspection to the officers of
Commercial Tax Department at all reasonable time. In case where records are
maintained in electronic system, the Commissioner, may dispense with the
maintenance of records in Form VAT–XXVIII, subject to such conditions as he
may impose.
(3) Non-deduction of tax at source or deduction of tax at lower rate following
conditions shall apply.
A works contractor executing works contract may make an application to the
Commissioner seeking exemption from deduction of tax or deduction at lower rates by
such authorities in respect of the works contracts executed, subject to the following
conditions, namely:—
(i) The works contractor is a registered dealer for a period of not less than 3 years;
(ii) The works contractor is not in arrears of any tax or other amount due under the
Act on the date of application;
(iii) The works contractor is not a non-resident dealer;
(iv) The application shall be made within 90 days from the date of the
commencement of the works contract if he has commenced the works contract
during the course of the year;
(v) The works contractor proves to the satisfaction of the Commissioner, that, in
respect of the works contract allotted, required tax will be deducted at source
or has been deducted and deposited in the Treasury from the account of
sub-contractor.
Manual of Goa Laws (Vol. IV) – 1032 – Value Added Tax Act and Rules
(vi) The works contractor shall furnish such security as the Commissioner may
demand;
(vii) The exemption or reduction granted in the amount of deduction, is liable to be
withdrawn forthwith, if the works contractor commits the default in filing the
returns or in payment of tax payable under the Act within the time prescribed.
26. Intimation regarding PAN.— The dealer applying for registration under the Act
shall intimate his Permanent Account Number under the Income Tax Act, 1961 (Central
Act 43 of 1961), to the Appropriate Assessing Authority at the time of such application. If
the dealer has obtained such number at any time after the application for registration
under the Act is made, then he shall intimate the same to the Appropriate Assessing
Authority within 30 days from the date of receipt of the same from the Income Tax
Department. In case where application for PAN is made and no number is released,
intimation for having applied for the same should be invariably given to the Appropriate
Assessing Authority.
27. Assessments.— (1) If a registered dealer furnishes the return in respect of any tax
period within the specified time and the return so furnished is found to be in order, it shall
be accepted as self-assessed subject to adjustment of any arithmetical mistake apparent on
the face of the said return:
Provided that the Commissioner may by order, issued within a period of sixty days
after the close of each year specify the method for selection of assessees for the purpose
of detailed assessment upto 20% of the total number of such assessments or such other
percentage as may be notified by the Government from time to time.
serve upon the dealer a notice in the Form VAT-XI directing the dealer to pay the excess
amount demanded within the specified time which may not exceed sixty days from the
date of service of such notice.
(6) When the copy of the challan acknowledging receipt of tax is furnished by the
dealer or person from whom any amount is demanded under these rules, the Appropriate
Assessing Authority shall cause to make necessary entries in the office record wherever
necessary and shall place such copy of the challan in the respective case record of the
dealer or other office record.
(7) If the assessment made under this rule results in excess input tax credit refundable
to the dealer then such refund shall be granted in accordance with the procedure laid
down in Rule 30.
(8) The Appropriate Assessing Authority may assess a registered dealer in respect of a
part of the year for any other good and sufficient reason and shall record in writing the
circumstances which necessitate the assessment, either before or at the time of proceeding
to such assessment.
(9) If any dealer applies for cancellation of his registration certificate on the grounds
of closure of business or change in the ownership or status of the business or any other
specific reason, the Appropriate Assessing Authority shall assess the said dealer before
cancellation of his registration certificate.
28. Provisional and protective assessment.— The procedure laid down under
sub-rules (2) to (6) of rule 27 of these rules with such modifications as may be necessary
shall apply to the assessment made under sections 30 and 32 of the Act.
29. Escaped assessment, re-assessment of tax, etc.— (1) If the Commissioner has
reasons to believe that any turnover of sales of any goods chargeable to tax under the Act
has, in respect of any period/year, escaped assessment or has been under-assessed, or
assessed at a lower rate or allowed input tax credit in excess of what is admissible or that
any deduction has been wrongly made in an order issued under section 29 of the Act, the
Commissioner shall cause to serve upon the concerned dealer within the time specified in
sub-section (1) of section 31 of the Act, a notice in Form VAT-IX and after giving him
reasonable opportunity of being heard and making such enquiries as it considered
necessary may proceed to assess or re-assess the amount of tax due from such dealer.
(2) The order of assessment or re-assessment referred to in sub-rule (1) shall be made
in writing in Form VAT-X. Also, a notice in the Form VAT-XI, as referred to in rule 27,
for demand of tax levied, interest and penalty imposed, if any, arising out of said orders
shall be served upon the dealer.
30. Refunds.— (1) When any order of assessment under section 29 or re-assessment
under section 31 or order of appeal under section 35 or under section 36 or under section
37 a review by Tribunal or under section 38 a revision by High Court or revision by
Commissioner or rectification under section 41 results in input tax credit exceeding the
tax liability whereby dealer is entitled for refund of tax, penalty or interest paid in excess
of the amount due from him and the amount to be refunded does not exceed Rs. 50,000/-,
the Appropriate Assessing Authority shall forthwith proceed to refund such amount to
the person concerned by issue of refund voucher in Form VAT-XII for being credited to
Manual of Goa Laws (Vol. IV) – 1034 – Value Added Tax Act and Rules
the declared bank account of the dealer. However, before proceeding to refund such
amount, the Appropriate Assessing Authority shall firstly verify that any amount being
due by the dealer is left unpaid by him, in such case, shall adjust the amount to be
refunded by issue of an order in Form VAT-XVI, towards the amount due from the dealer
on the date of adjustment and thereafter shall refund the balance, if any.
(2) When the amount of refund arising from any of the contingencies referred to in
sub-rule (1) exceeds fifty thousand rupees but does not exceed Rs. 2 lakhs, the
Appropriate Assessing Authority shall obtain the sanction of the Assistant Commissioner
in charge of or having the jurisdiction over the wards, before proceeding to refund such
amount. In cases where the Assistant Commissioner is himself Appropriate Assessing
Authority, the sanction for refund shall be obtained from the Additional Commissioner of
Commercial Taxes. For the said purpose, he shall submit the case record of the dealer to
the Assistant Commissioner of Commercial Taxes stating full facts which has originated
the refund. The Assistant Commissioner of Commercial Taxes upon examining the case
shall order the sanction of refund and the Appropriate Assessing Authority shall refund
forthwith to the dealer the amount as sanctioned by the order of Assistant Commissioner
of Commercial Taxes and the refund shall be made in the manner as provided in
sub-rule (1) above.
(3) When the amount of refund arising from any of the contingencies referred to in
sub-rule (1) and (2) above exceeds Rs. two lakhs or when any amount is unduly paid by
the dealer, the Appropriate Assessing Authority shall obtain the sanction of the
Additional Commissioner of Commercial Taxes before proceeding the refund of such
amount. For the said purpose, he shall submit the case record of the dealer to the
Additional Commissioner of Commercial Taxes stating therein full facts which originated
the refund and upon receipts of the sanction order from the Additional Commissioner of
Commercial Taxes, the Appropriate Assessing Authority shall refund forthwith to the
dealer the amount as sanctioned by the order of Additional Commissioner of Commercial
Taxes, in the manner as provided in sub-rule (1) above.
246
[Provided that no refund exceeding rupees one crore shall be made without prior
approval of the Commissioner.].
31. To whom appeal should be made.— An appeal against an order of assessment
or re-assessment or any order raising demand passed by an Appropriate Assessing
Authority shall lie to the Assistant Commissioner of Commercial Taxes (hereinafter
referred to as ―Appellate Authority‖), except appeal against an order passed by the
Assistant Commissioner of Commercial Taxes or against order with such monitory limit
of disputed amount as may be fixed by the Government by order in writing, in which
case, the appeal shall lie to the Additional Commissioner of Commercial Taxes
(hereinafter referred to as ―Appellate Authority‖) and a second appeal against an order
passed in appeal shall lie to the Tribunal.
32. How the memorandum of appeal shall be presented.— The memorandum of
appeal shall be drawn up in duplicate in Form VAT-XVII and after being signed either by
the dealer or person duly authorised by him in that behalf, file before or send by a
registered post to the Appellate Authority or to the Tribunal, as the case may be.
246
Inserted vide sixth Amendment Rules,2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
Manual of Goa Laws (Vol. IV) – 1035 – Value Added Tax Act and Rules
33. What should accompany the memorandum of Appeal.— (1) The memorandum
of appeal when presented to the Appellate Authority shall bear court fee stamp of the
amount specified in rule 46 and shall be accompanied by certified copy of the order
appealed against. It shall be endorsed by the appellant or by the person duly authorised, as
follows:—
(a) that the amount of tax assessed or re-assessed and the penalty, if any, imposed
or the tax or penalty admitted to, be due, has been paid and;
(b) that to the best of his knowledge and belief the facts set out in the memorandum
are true.
(2) The memorandum of appeal when presented to the Tribunal shall bear the Court
fee stamps of the amount specified in rule 46 and shall be accompanied by a certified
copy of the order appealed against and also by necessary documents in proof of payment
of undisputed amount of tax or penalty or both that may be due as per appeal order passed
by the Appellate Authority. It shall further be endorsed by the Appellant or person duly
authorised that to the best of his knowledge and belief the facts set out in the
memorandum are true.
34. Stay of disputed amount of tax.— (1) Pending the final decision of an appeal
filed under sub-section (1) of section 35 of the Act, on an application from the appellant,
the recovery of any tax assessed or re-assessed or penalty imposed under the Act and not
admitted by the appellant to be due from him, shall be stayed, if so directed by the
Appellate Authority and not otherwise, on such terms and conditions as may be specified
in the direction.
(2) The Appellate Authority shall dispose of any stay application not later than ninety
days from receipt of such application by giving the applicant an opportunity of being
heard in the matter.
(3) The appeal may be summarily rejected if the appellant after being given an
opportunity to comply with any of the requirements of rule 32 and 33 of these rules or
being directed to furnish security, which may be decided by the Appellate Authority fails
to comply with the requirements of the said rules or furnish security or for any other
sufficient reasons:
Provided that when an application is summarily rejected on the ground other than non
compliance of provisions of rules 32 and 33 or for non furnishing of security demanded,
the reasons for such summary rejection should be stated in the order.
35. Hearing and recording of evidence.— If the appellate or revising authority does
not reject the appeal summarily, he shall fix a date for hearing and notify the same to the
parties. He may call for necessary evidence as may be necessary to decide the appeal.
36. Application for revision or review.— (1) The application for review before the
Tribunal shall be made within a period of thirty days from the date of order as provided
under section 37 of the Act. However, the Tribunal may entertain such application
beyond the period of thirty days, if the applicant satisfies the Tribunal that he had
sufficient cause for not presenting the application within such period.
Manual of Goa Laws (Vol. IV) – 1036 – Value Added Tax Act and Rules
(2) The Tribunal upon receipt of such application shall issue a notice to be served on
the applicant specifying the date and time for hearing and upon hearing shall make
necessary order.
(3) When the Commissioner proposes to revise or review any order, on his own
motion, under section 39 of the Act, he shall give the dealer as well as the Appropriate
Assessing Authority or the Appellate Authority, as the case may be, an opportunity of
being heard.
(4) When any order passed as a consequence of review or revision, results in extra
dues payable by the dealer, he shall call the dealer to pay the difference in tax within a
period of sixty days.
Provided that the provisions of clause (a) of sub-rule (1) of rule 33 shall not apply to an
application for revision of any order other than an order of assessment or re-assessment
made under section 29 or section 31 and the appellate order made under section 35 of the
Act, as the case may be.
Provided that an application for review or revision may, after the period so specified
but not beyond 120 days from the date of order which is sought to be revised or reviewed,
be entertained if the applicant satisfies the authority to which such application is made
that he had sufficient cause for not presenting the application within such period.
247
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
248
Substituted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006
Manual of Goa Laws (Vol. IV) – 1037 – Value Added Tax Act and Rules
provisions contained in the Goa Land Revenue Code, 1968 and rules made thereunder, in
all cases wherein no officer is authorised by the Government under the act to exercise the
powers of a Collector under the said Goa Land Revenue Code, 1968 for the purpose of
recovering the dues as arrears of land revenue.
(4) In all cases wherein the defaulter or other person responsible for the payment of
the amount due is residing or is having property outside the district, the Appropriate
Assessing Authority shall send the certificate referred to in sub-rule (1) to the officer
authorised by the Government under section 64 of the Act, or to the Collector of the
District if no officer is authorised under the said section 64 of the Act soliciting that the
same may be sent to the Collector of the other District wherein the defaulter or person
responsible for the payment of the dues is residing or is having property. Such certificate
shall be sent by the Appropriate Assessing Authority himself, if he is the officer
authorised by the Government under the said section 64 of the Act.
Whenever the amount of arrears recovered by the Collector of other District are
remitted to the Appropriate Assessing Authority, the said authority shall take immediate
steps to enter the same amount into the Government Treasury.
(5) Certificate referred to in sub-rule (1) shall be issued in respect of each defaulter or
person responsible for payment of arrears.
(6) The officer referred to in sub-rule (2) and the authorities referred to in sub-rules (3)
and (4), as the case may be, shall keep informed the Appropriate Assessing
Authority about the step taken in the matter of recovery of arrears when such information
is called for by the said Appropriate Assessing Authority, and shall report to him as soon
as the recovery is made, the amount recovered giving the particulars of the recovery,
namely, the date on which the recovery is made, the name of the treasury wherein the
amount is entered, and the date of challan under which the amount is paid into the
treasury.
(7) On the basis of the report of payment referred to in sub-rule (6) received from the
concerned authorities, the Appropriate Assessing Authority shall cause to make the
necessary entries in the assessment case record of the dealer and other office record
maintained.
249
[42–Audit of Accounts.— (1) The dealer liable to get his accounts audited as
required under sub-section (1) of section 70 of the Act, shall submit to the Appropriate
Assessing Authority the audited statement of accounts in Form VAT XV, on or before the
last date of the tenth month immediately after the end of the relevant year. The audit
report shall be signed and verified by the Chartered Accountant setting forth all the
particulars and certificates as required in the said Form.
(2) The audit report in Form VAT XV, whenever received in the office of Appropriate
Assessing Authority, the same shall be officially acknowledged and recorded serially in
the register. Wherever, such audit report is not filed within the time specified in sub-rule
(1), the dealer shall deposit the penalty as specified in sub-section (3) of section 70 of the
249
Substituted vide sixth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
Manual of Goa Laws (Vol. IV) – 1039 – Value Added Tax Act and Rules
Act and the receipted copy of the challan thereof shall be submitted alongwith the audit
report.
(3) Any dealer desiring to apply for remission of penalty payable/paid under sub-
-section (3) of section 70 of the Act, shall file his application before the Commissioner
alongwith photo copies of the audit report in Form VAT XV, receipted copy of the
challan in proof of payment of the penalty sought to be remitted and court fee stamps of
the value specified in rule 46. The application shall contain the grounds for remission of
penalty. It shall further be endorsed on the application by the dealer that,
(a) the amount of tax due as per the audit report has been admittedly paid;
(b) to the best of his knowledge and belief the facts set out in the application for
remission of penalty and grounds for remission are true.
(4) The Commissioner shall, after considering all relevant material produced before
him in this behalf and after the dealer is heard in the matter, pass an order fixing quantum
of remission to be allowed to the dealer.].
43. Maintenance of records.— Records to be maintained by registered dealers.
(1) Every registered dealer shall keep and maintain a true and correct account of his
business transactions.
(2) The following records in particular shall be maintained:
(a) a monthly account specifying total output tax, input tax and net tax payable or
the tax credit due for refund including carried forward of such balance from the
preceding month.
(b) purchase records, such as, purchase invoices, cash and credit invoices with
dispatch challans and transport and courier documents/receipts wherein tax has been
charged and all purchases made without charge of tax including import of goods from
other States or Countries or from unregistered dealers.
(c) sales records showing separately sales made at each rate of tax, zero rate and
exempt sales.
(d) the copies of tax invoices related to taxable sales and invoices related to exempt
sales in chronological and numerical order.
(e) credit and Debit note issued/received, in chronological and numerical order.
(f) records of all zero rated exports of goods together with copies of custom
clearance certificates, invoices issued to the foreign purchasers, transport documen-
tation, Form ‗H‘ prescribed under the Central Sales Tax Act, 1956, orders or contracts
for with the foreign purchasers and evidence of payment by bank, transfer through a
bank or by a letter of credit payable by Bank.
(g) records of inter-State sales and inter-State transfer supported by ‗C‘ Forms, ‗F‘
Forms, way bills and stock transfer vouchers.
Manual of Goa Laws (Vol. IV) – 1040 – Value Added Tax Act and Rules
(h) cash records maintained by retailers, viz. cash book, petty cash, vouchers, and
other accounting records including cash registers, machine rolls details in the daily
takings.
(i) details of input tax calculation where the registered dealer is making both taxable
and exempt sales.
(j) the registers, accounts and documents maintained shall be sequentially numbered
and where the register and other documents are maintained by means of a computer or
any other similar mechanical device, the dealer shall maintain copies in paper of such
registers and other documents printed on a monthly basis;
(k) documentation, records and claims eligible for all transitional tax credit in
respect of stock held on the appointed day or on first registration.
(l) stock records showing stock receipts, returns, deliveries and balances ratewise.
(m) manufacturing records including records of capital goods and raw materials.
(n) annual accounts including Trading, Profit & Loss account and Balance Sheet,
with Schedules.
(o) order records, delivery notes/challans and way bills.
(p) records of the bank transactions.
(3) A dealer opting for composition of tax under section 7 of the Act and an
unregistered dealer shall maintain a daily record of his gross sale and purchase details.
(4) All records maintained in course of business shall be retained for a period of six
years from the expiry of the year to which they relate.
44. Establishment of check post.— (1) Check-post shall be set up and barriers erected
across roads as provided under sub-section (1) of section 75. The barriers shall be in the
form of contrivances to enable traffic to be stopped.
(2) No person shall transport beyond a check-post any goods the sale of which is liable
to tax under this Act except after filing declarations in the Form VAT-XX in triplicate
and presenting it to the check-post officer.
(3) When the owner or person in charge of the vehicle carries with him a bill of sale
bearing the full name and address of the purchaser, he shall not be required to file the
form specified under sub-rule (2) provided an extra or xerox copy of the bill is submitted
at the check-post.
(6) The driver of the vehicle carrying goods or the person in charge of the goods shall
file all the three copies of the declarations in specified form at the check-post. The
officer-in-charge of the check-post shall sign and date each copy of the declaration and
mark it with the seal of the check-post. He shall then return one copy to the driver or the
person in charge of the goods. Of the two copies of the declarations retained at the
check-post, one shall be pasted in a guard file to be kept there and the other forwarded to
the Appropriate Assessing Authority of the ward, in which the consignor or the
consignee, as the case may be, has his principal place of business.
(7) In case of agencies referred to in sub-rule (4) transporting the goods, the driver of
the vehicle carrying the goods or the person in charge of the goods shall produce the trip
sheet or any other document giving the details of the goods transported to in charge of the
check-post who, if need be, shall take the necessary details and return the trip sheet duly
endorsed to the driver.
(8) Every officer of the Commercial Tax Department not below the rank of inspector
shall have authority to intercept and check and search any vehicle for the purpose of
sub-sections (3) and (4) of section 75.
45. Nomination of head of office in the case of dealer having more than one place
of business.— (1) Where a dealer has within the State more than one place of business
(hereinafter referred to as ―branches‖) he shall nominate one of such branches as the head
office of the business for the purpose of this rule.
(2) The dealer shall intimate the nomination under sub-rule (1) to all the Appropriate
Assessing Authorities, within whose jurisdiction such branches are situated, together with
the situation thereof, before the close of any year in which business is done in one or
more of such branches.
(3) In a case falling under this rule, if the dealer fails to nominate one of the branches
to be the head office, the Commissioner may nominate one of such branches to be the
head office for the purpose of this rule.
(4) All applications, returns or statements specified under the Act or these rules shall
be submitted in respect of all the branches jointly by the Head office to the Appropriate
Assessing Authority.
(5) The turnover for the whole business shall be the aggregate of the turnover of all
the branches.
(6) The person in charge of each branch shall at all reasonable time, on demand by the
Appropriate Assessing Authority furnish the name and the address of the head office, and
intimate whether or not his branch‘s returns of turnover have been dispatched to such
head office.
Manual of Goa Laws (Vol. IV) – 1042 – Value Added Tax Act and Rules
(7) All notices and orders, required or permitted by the Act or these rules to be served
on any dealer, shall be issued to and served on the person in charge of the head office
referred to in this rule.
(8) A notice, or order issued to or served on the person in charge of such head office,
shall be deemed to have been issued to and served on all branches of the dealer
concerned.
46. Payment of fees.— The following fees shall be payable in court fee stamps.
(i) on memorandum of appeal
against order of assessment/
/re-assessment with or without
penalty, or of penalty or of
forfeiture Rs. 200/-
(ii) on an application for clari-
fication to the Commissioner
under sub-section (3) of
section 69 Rs. 100/-
(iii) on any other application
or petition for relief to any
authority under the Act or
Rules Rs. 20/-
(iv) on application for grant of
certified copies of any
document other than Rs. 20/-
those specified in the rules (per copy)
(v) on memorandum of appeal
to the Tribunal Rs. 250/-
(vi) on application for grant of
amendments to registration
certificates. Rs. 100/-
(vii) Letter of authority for
representation before
any authority under the
Act and Rules Rs.10/-
(viii) Application raising
objection as to jurisdiction
of any officer or person Rs. 100/-
250
[(ix) on application to the
Commissioner for
composition of tax. Rs. 250/-
250
Inserted vide sixth Amendment Rules, 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO)
Manual of Goa Laws (Vol. IV) – 1043 – Value Added Tax Act and Rules
50. Business forming part of estate under the control of a court.— The
administrator-general, the official Trustee and the executor or administrator or any
receiver carrying on any business forming part of an estate placed under his control by an
Order of a Court, shall be liable to perform all obligations imposed by the Act and these
rules in respect of such business to the same extent as if he was the dealer and also shall
be liable to pay any tax assessed or penalty imposed thereon for the period during which
he remained in control thereof.
51. Superintendence and control of the administration under the Act.— (1) (a)
The Government shall superintend the administration and the collection of the tax
leviable under the Act.
(b) Subject to the general control and superintendence of the Government, the
Commissioner shall control all officers empowered under the Act.
(c) Subject as aforesaid and to the control of the Commissioner, the Additional
Commissioner shall control all other officers empowered under the Act.
carrying out the provisions of the Act, subject to the control of and direction of the
Government, Commissioner and Additional Commissioner.
52. Jurisdiction.— (1) For implementing the provisions of the Act and these rules, the
State shall be divided into the following (nine) wards comprising of the areas noted
against each —
53. Penalty.— Whoever commits breach of any provision of these rules shall, on
conviction by a Magistrate, be punishable, with a fine, which may extend to five thousand
rupees, and in the case of a continuing breach with a daily fine which may extend to
rupees one hundred.
54. Supply of copies of records (except the records of the Tribunal) shall be
regulated according to the provisions set out in the Third Schedule.
55. Compounding of offence.— (1) Subject to the limitations in the Act, the Commi-
ssioner may decide to accept, on application from any person, a sum by way of
composition of an offence committed by him under the Act or these rules, either before or
after the commencement of the proceeding in respect of such offence.
253
[(1A) (i) The application under sub-rule (1) shall be filed in duplicate, and court
fee stamps of the value as specified in rule 46, shall be duly affixed thereon.
(ii) The applicant shall explain the gist of the offence committed and certify the
Commission of the offence sought to be compounded, in the application.
251
Omitted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006.
252
Omitted vide Amendment Rules 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006.
253
Inserted vide sixth Amendment Rules 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO).
Manual of Goa Laws (Vol. IV) – 1045 – Value Added Tax Act and Rules
(iii) The applicant shall support his application with a detailed statement of taxable
purchases and sales account of the tax due/paid, if any, and furnish an undertaking that
no tax is due from him either as preceding dealer or succeeding dealer, on the date of
such application.
(iv) The applicant shall submit any other information that may be necessary for
consideration of the application for compounding of offence.].
(2) On taking a decision under sub-rule (1), the Commissioner, shall, if there are no
reasons to the contrary, make an order in writing specifying therein —
(3) On receipt of the challan for payment of the composition fee as required under
sub-rule (2), the Commissioner shall pass an order compounding the offence and shall
send a copy of such order to the person concerned and also to the authority referred to in
clause (c) of sub-rule (2).
56. Conditions regarding enrollment of Sales Tax practitioner.— (1) Sales Tax
Practitioner appearing before any authority as provided under clause (c) of section 82 of
the Act shall possess the following qualifications:
(2) The person who is presently enrolled as Sales Tax Practitioner as on the date
preceding the appointed day under the earlier law shall continue to be Sales Tax
Practitioner under the Act.
(3) A retired officer of the Sales Tax Department/Commercial Tax Department not
below the rank of Sales Tax Inspector/Commercial Tax Inspector is eligible to enroll as
Sales Tax Practitioner after one year from the date of his superannuation or voluntary
retirement, subject to payment of fees specified.
Manual of Goa Laws (Vol. IV) – 1046 – Value Added Tax Act and Rules
(4) The fees for enrollment as a Sales Tax Practitioner shall be Rs. 500/- to be
deposited by a challan.
(5) The Sales Tax Practitioner shall apply for enrollment to the Commissioner in Form
VAT- XXI hereto.
(6) The certificate of registration as a Sales Tax Practitioner shall be issued by the
Commissioner in Form VAT- XXII.
(7) The authorization to represent any person before any authority in any proceedings
under the Act or rules as provided under sub-section (1) of section 82 of the Act shall be
given in Form VAT – XXXII.
57. Declaration for purchase of capital goods.—(1) The declaration referred to in
entry 23 of Schedule ‗B‘ appended to the Act shall be in Form VAT–XXX which shall be
issued in quadruplicate. The original and duplicate shall be made over by the purchasing
dealer to the selling dealer out of which the original shall be furnished by the
selling dealer to his Assessing Authority alongwith the return. The duplicate shall be
retained by the selling dealer for his record. The triplicate shall be send by the purchasing
dealer immediately on its issue to the Commissioner keeping the quadruplicate for his
record.
(2) A single declaration in Form VAT-XXX may cover more than one transaction of
purchases if such purchases are made within a quarter and their details, namely, serial
number of tax invoices, their dates and amount of purchases are shown in the Form under
the signature of the purchasing dealer.
(3) If no such declaration in Form VAT–XXX is submitted by the selling dealer
alongwith the quarterly return then the dealer will not be eligible for claiming the sale of
capital goods under entry 23 of the Schedule ―B‖ to the Act.
254
[58. Declaration for purchase or sale of industrial inputs/packing material,—(1)
The declaration referred to in the entry against serial number (53) of Schedule ‗B‘
appended to the Act shall be self declaration by the selling dealer in Form VAT-XXXIII,
or self declaration by purchasing dealer in Form VAT-XXXIV. The same shall be made
in duplicate.
(2) The declaration under sub-rule (1) above shall be furnished by the selling dealer or
the purchasing dealer to their Assessing Authorities alongwith their quarterly return. The
declaration shall be complete in all respects before it is submitted with the return.
(3) Duplicate copies of the declaration shall be retained by the dealers for their record.
(4) A single declaration in Form VAT-XXXIII or Form VAT-XXXIV may cover more
than one transaction if such transactions are made within a quarter. The declaration shall
also contain details such as, serial number, date of tax invoice, amount of sales or
purchases, name, address and TIN of the selling dealer or the purchasing dealer, as the
254
Inserted vide Amendment Rules 2005 published in the O.G. Series I No.17 dated 3-8-2005, thereafter vide Seventh
Amendment Rules 2009 published in the Official Gazette, Series I No. 10 dated 4-6-2009 present entries are
substituted.
Manual of Goa Laws (Vol. IV) – 1047 – Value Added Tax Act and Rules
case may be. The Form VAT-XXXIII shall contain details of sales effected to the
purchasing dealer and Form VAT-XXXIV shall contain details of purchases made from
the selling dealer.
(5) The Assessing Authority shall upon receipt of such return/declaration, cross verify
the contents of Form VAT-XXXIII and Form VAT-XXXIV or vice versa so as to
ascertain the correctness of the transactions covered therein, and if any incorrect
information is observed therein, the same shall be assessed to tax for differential amount.
The input tax credit claimed by the purchasing dealer shall be disallowed.
(6) If no such declaration in Form VAT-XXXIII or Form VAT-XXXIV is submitted
by the selling dealer or the purchasing dealer, as the case may be, alongwith the quarterly
returns, then, the dealer shall not be eligible for claiming the concessional rate of tax on
industrial inputs under Entry at Serial Number (53) of Schedule ‗B‘ to the Act.]
FIRST SCHEDULE
(See rule 47)
Sr. No. Section/Rule Description of Power Designation of Officer
(1) (2) (3) (4)
(1) Sec. Registration/Amendment and cancellation of Appropriate Assessing
18/19 & certificate of registration. Authority
28
(4) Sec. 24 To require the dealer to furnish the returns and —do—
data for the purpose of collecting statistics
relating to any matter dealt with, by or in
connection to this Act; exempt any dealer from
furnishing returns or permit any such dealer to
furnish them for such different periods. re
(5) Sec. To allow the dealer to pay tax, penalty, interest —do—
25(4)(b) or the sum forfeited in installments.
(6) Sec. Refunds/Provisional refunds. Additional
33/34, Commissioner of
Rule 30/9 Commercial
Taxes/Assistant
Commissioner of
Commercial
Taxes/Appropriate
Assessing Authority
Manual of Goa Laws (Vol. IV) – 1048 – Value Added Tax Act and Rules
______
THIRD SCHEDULE
(See rule 54)
(Rules for supply of copies of records under Rule 54)
Certified copies of documents and orders
1. Any person who is party to a proceeding under the Act or under these Rules may apply to the
Appropriate Assessing Authority having jurisdiction in respect of such proceeding or having the
custody of the records pertaining thereto, for a certified copy of a document produced or filed in
such proceeding or of an order passed by such authority.
2. A separate application shall be made for copies of any number of papers available in the
record of each year and it shall be accompanied by an initial fee of Rs. 25/- in Court fee stamp, an
extra fee of Rs. 10/- for per copy, if copies are required urgently.
3. The clerk shall immediately, on receipt of an application make entries in the register
maintained in Form 2 and issue a receipt in token of having received the application, in Form 1.
Thereafter, the said clerk shall pass on the same application to the officer concerned latest by the
next working day, and shall without undue delay obtain orders of the Appropriate Assessing
Authority or the notified Authority, as the case may be, as to whether or not the copy is to be
allowed, and if the copy is allowed, the clerk entrusted with the copying work shall obtain the
record together with the application and without undue delay shall notify the required fee on the
notice board of the office in case the application has been allowed or so notify the fact of rejection
in case the application has been rejected.
4. Every copy is ordinarily expected to be ready on the seventh working day after the fees have
been paid.
5. Every copy made under this Rule shall be written in good legible hand or typed or
photocopied.
6. To every copy made under these rules, shall be prefixed a heading containing short
description of the record and the name of the dealer. In the copy of judgments or orders such
heading shall also contain the following particulars:—
(a) name of the Appropriate Assessing Authority or the Officer who passed the order
together with ward to which the file pertains and the year of assessment, if any. In case of
appeals and revisions the name and the official designation of the Officer, whose order was
appealed from, the day of the order, and
7. After the copy has been made and before it has been revised and attested, the following
particulars shall be endorsed thereon:-
(a) Number of the applications in register maintained in Form 2.
(b) Date of presentation of the application.
(c) Name of the copying clerk.
(d) Date on which the copy was completed.
(e) Cost of the copy.
(f) Date of delivery.
8. No copy shall be delivered to any person until it has been examined, certified and stamped.
The examiner shall see that the provision of law and of these rules have been complied with in all
respects.
Manual of Goa Laws (Vol. IV) – 1050 – Value Added Tax Act and Rules
(a) personally compare such copy with the original from which it has been prepared with
the assistance of the copying clerk, who made the copy;
(b) examine and initial the endorsement made upon the copy;
(c) attest every alterations made in such copy by initialing the same.
10. When any copy is found to be correct in all respects and ready for delivery to the applicant,
the examiner shall endorse thereon ―Certified to be true copy‖ and shall sign and date the
endorsement.
11. In the event any copy being found to be unfit for issue by reason that it—
(c) is defective or otherwise open to objection, the examiner shall forthwith write the word
―Cancelled‖ across the copy; and a fresh copy shall be made without further charge.
12. The affixing, by the examiner of his signature to a copy is a certificate that the copy has
been personally compared by him and is suitable for delivery.
(b) that all files are locked up in an almirah with the key in his possession, before leaving
office;
(c) that no member of the public is allowed access to the copying room except for presenting
the applications for supply of copies.
14. After the copies are ready, the fact shall be immediately notified by the copying clerk on the
notice board.
15. If an applicant fails to take delivery of the copy for full four months from the last day of the
month in which the copy was notified to be ready for delivery, it shall be filed.
16. An applicant for an urgent copy shall be entitled to have his copy furnished to him, if
possible, by the third working day after the fees have been paid.
17. Urgent applications shall have as far as possible priority among themselves according to the
date and serial No. of each application.
18. The examiner shall keep movement of each file in a register maintained in Form 3.
19. All applications for copies shall be kept by the copying clerk for three years or till such time
as the stamp auditor has audited the necessary accounts.
Form 1 Form 1
Receipt No. ……… Receipt No. ...........
Received on this date from Received on this date from
…………..……… ………………………
an application dated…. an application dated…
Manual of Goa Laws (Vol. IV) – 1051 – Value Added Tax Act and Rules
for copies with court fee for copies with court fee
stamp(s) worth Rs…. stamps(s) worth Rs….
affixed to it, which has affixed to it, which has
been entered at serial No… been entered at serial No..
in register 2. in register 2.
Office of …………… Office of…………….
Date…… Date…….
Signature of recepient.…. Signature of recepient……..
Form 2
Register of applicants for copies and fees realized
1 Date
2 Sl. No. of applications
3 Name and address of the applicant
4 Name of the office to which the file pertains
5 Nature of the case
6 Copies required
7 Whether urgent or ordinary
8 Fee already affixed
9 Words
10 Language
11 Copying fee
12 Urgent fee
13 Fees received at later stage
14 Date on which the copy was ready
15 The date of delivery of the copy
16 Initials of copying clerk
Form 3
Movement register of files to and from Copying clerk
1 Sl. No.
2 Name of the dealer
3 Sl. No. of the application in respect of which the file was required
4 Date of receipt of the file
5 From which office received
6 Date when the file was returned
7 Signature of the recipient
8 Remarks
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 31st March, 2005.
Manual of Goa Laws (Vol. IV) – 1052 – Value Added Tax Act and Rules
255
NOTIFICATION
In pursuance of entry (53) of Schedule ‗B‘ appended to the Goa Value Added Tax Act, 2005
(Act No. 9 of 2005), and in supersession of the Government Notification No. 4/5/2005-Fin(R&C)
(9) dated 31-3-2005, published in the Official Gazette, Extraordinary No. 4, Series I No. 53, dated
31-3-2005, the Government of Goa hereby notifies the industrial inputs and packing materials as
specified in Schedule below, for the purposes of said entry (53) namely:—
SCHEDULE
255
Notification published in the Official Gazette, Series I No. 17 (Extraordinary-3) dated 3-8-2005.
Manual of Goa Laws (Vol. IV) – 1053 – Value Added Tax Act and Rules
*With reference to the Chapters under the Central Excise Tariff Act, 1985 (Central Act
5 of 1986).
This Notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 3rd August, 2005.
_______
FORM VAT – I
[See rule 14(1)]
To
The Assessing Authority,
………………..…Ward.
(3) The business has ………….(number) additional places of business and has……………
(number) separate warehouses at the addresses enumerated below:
a) Additional places of business(indicate full address):
…………………………………………………….…
…………………………………………………….…
…………………………………………………….…
b) Warehouses (indicate full address)
…………………………………………………….…
……………………………………………………….
(4) The dealer has business in under mentioned States (give full details with registration
number)
Manual of Goa Laws (Vol. IV) – 1063 – Value Added Tax Act and Rules
Government Others
Department *
Others
(10) Four main class of commodities which the business deals in:
1. 2.
3. 4.
(11) The turnover of sales during the year……………was of Rs……………and it first exceeded
the limit as provided under Section 3 of the Act on…………..………..
(12) The business is succeeded from the dealer ………………...........…………..w.e.f ………….....
who is registered under TIN……………………
(13) Details of bank account (s)
Name of the bank with address Type of account Account number
Manual of Goa Laws (Vol. IV) – 1064 – Value Added Tax Act and Rules
(15) The name(s) and address(es) of the proprietor/partners of the business/all persons having
interest in the business/managing director of the company are as under:
(16) The proprietor or partner or any other person having interest in the business anywhere in
India.
Name of the proprietor/partner Names and particulars of the Address of place
or any other person business of business
(17) Language and script in which account books are maintained ………………………
(18) A copy of partnership deed, Memorandum of Association, etc., enclosed.
(19) Passport size photograph of the proprietor, each of the partners, Karta of HUF, Managing
Director, are affixed herebelow:
DECLARATION
I/We hereby declare that the above statements are true to the best of my/our knowledge and belief.
Place:………. Signature:…………
Date:……….. Status:…………….
Manual of Goa Laws (Vol. IV) – 1065 – Value Added Tax Act and Rules
FORM VAT – II
See rule 15(1)]
REGISTRATION CERTIFICATE UNDER SECTION 18 OF THE GOA
VALUE ADDED TAX ACT, 2005 (Act 9 of 2005).
(1) TIN
(2) WARD
(i)
(ii)
(i)
(ii)
DD MM YYYY
NOTE
(1) This Registration Certificate or copy thereof shall be displayed by the dealer at every place of
business and it shall be produced for inspection on demand by any person exercising authority
under the Act and rules.
(2) Any change in the name, place or ownership of the business or number of places of business
should be notified within 30 days and the Registration Certification got amended accordingly.
RENEWAL
Signature of Appropriate
Date of renewal Period to which renewed
Assessing Authority
Manual of Goa Laws (Vol. IV) – 1067 – Value Added Tax Act and Rules
256
FORM VAT – III
[See rule 23(1) of the Goa Value Added Tax Rules, 2005]
to
(1)TIN:- D D M M YYYY
Valid
upto
256
Substituted vide Third Amendment Rules 2006 published in the Official Gazette, Series I No. 18 (Extraordinary) dated
7-8-2008.
Manual of Goa Laws (Vol. IV) – 1068 – Value Added Tax Act and Rules
(Please enclose separate statement of sales alongwith respective declaration in Form VAT
– XXX and Form VAT – XXXIII)
(i) Imports from out of India ……… ……… ……… ……… ………
(ii) Interstate purchases ……… ……… ……… ……… ………
(iii) Consignment transfers ……… ……… ……… ……… ………
(iv) Local purchases from registered dealers
a) Against tax invoices ……… ……… ……… ……… ………
b) Against restricted
tax invoice ……… ……… ……… ……… ………
(v) Local purchases from
composition dealers and
unregistered dealers ……… ……… ……… ……… ………
(vi) Others ……… ……… ……… ……… ………
Total turnover of purchases ……………………………………………………………………....
………………………………………………………………………
(Please enclose separate statement of purchases, if any, made against declaration in Form
VAT – XXX or Form VAT – XXXIII)
(7) Input Tax Credit
(a) Total admissible input tax on purchases
covered under item 6(iv) above. ……….......
(b) Add:-
(i) ITC admissible on account of opening stock
held on appointed date/date of registration …………….
(ii) ITC admissible on capital goods …………….
(iii) ITC carried over from previous tax period ……………
(iv) Entry tax paid, if any (photocopy of challans to
be enclosed) ……………
Manual of Goa Laws (Vol. IV) – 1069 – Value Added Tax Act and Rules
(13) Details of Bank Account (only the changes in the Bank Account if any, during the return
period to be reported)
DECLARATION
I, Shri/Smt. ____________________________of M/s. ________________________________
do solemnly declare that the particulars disclosed in this return are true to the best of my
knowledge and belief.
Place:
Signature______________
Date:
Proprietor/Partner/Director
________
FORM VAT – IV
[See rule 6(7) of the Goa Value Added Tax Rules, 2005]
Period from To
(10) Details of Bank Account (only the changes in the Bank Account, if any, during the return
period to be reported.)
Manual of Goa Laws (Vol. IV) – 1071 – Value Added Tax Act and Rules
DECLARATION
I, Shri/Smt.___________________of M/s _______________________do solemnly declare that
the particulars disclosed in this return are true to the best of my knowledge and belief and that
I/we have not been covered under any of the contingencies stated in sub-rule(7) of Rule 6 during
the period covered under this return.
Place:
____________________
Date: (Signature of the dealer)
________
Challan of tax, licence and registration fees and other receipts paid
Treasury/Sub-Treasury
into the ………………………………………. State Bank of India
(Branch)
for the period from ……………to……………..
TIN
Dated:……………
……………………………………….
Signature of dealer or depositor)
1. Received payment of
Rs……………………………………………………………..................................…..
(in figures)
Rupees………………………………………………………………………..………..
(in words)
2. Date of entry…………………….
FORM VAT- V
DUPLICATE
[See rule 24(3)] (To be furnished by the payer to
the respective Appropriate
CHALLAN Assessing Authority)
0040 – Taxes on Sales, Trade, etc.
……………………………..………
Challan of tax, licence and registration fees and other receipts paid
Treasury/Sub -Treasury
into the ………………………… ……………. State Bank of India
(Branch) ________________
for the period from ……………to……………..
TIN
Dated:……………
……………………………………….
Signature of dealer or depositor)
(For use in the Treasury/Bank)
Manual of Goa Laws (Vol. IV) – 1073 – Value Added Tax Act and Rules
(Stamp of Treasury/Bank)
________
FORM VAT- V
TRIPLICATE
[See rule 24(3)] (for the Treasury)
CHALLAN
0040 – Taxes on Sales, Trade, etc.
……………………………..………
Challan of tax, licence and registration fees and other receipts paid
Treasury/Sub-Treasury
into the ………………………… ……………. State Bank of India
(Branch) ___________________
for the period from ……………to……………..
TIN
Dated:……………
……………………………………….
Signature of dealer or depositor)
(For use in the Treasury/Bank)
Manual of Goa Laws (Vol. IV) – 1074 – Value Added Tax Act and Rules
(Stamp of Treasury/Bank)
________
FORM VAT – VI
[See rule 24(4) of the Goa Value Added Tax Rules, 2005]
_____________ward.
To,
__________________________
__________________________
TIN
Sir,
Take notice that according to the return filed by you in Form VAT – III for the quarter/period
ending _____________.
(1) You have not paid the amount of tax of Rs. …..…shown as payable in the said return.
(2) You have paid only Rs. ……as against Rs. ……..shown as payable in the said return.
You are hereby directed to pay the sum of Rs. …………....(in words Rs……………………..)
not paid/short paid with the return as indicated hereinabove with the interest for delayed payment
at the rate provided under clause (a) of sub-section 4 of section 25 of the Act, within thirty days
from the date of service of this notice and furnish the receipted copy of the challan in proof of
payment to this office within a week thereafter, failing which, the said sum will be recovered from
you as an arrears of land revenue.
Certified that the tax deducted as above have been remitted by me/I into Government
Treasury, in accordance with Section 28 of the Goa Value Added Tax Act, 2005 (Act 9 of 2005)
and that the particulars furnished above are true and correct to the best of my/our knowledge.
Place:
Date:
Name and signature of the persons
deducting tax with his designation
and seal
Note: To be issued in quadruplicate. The original shall be submitted to the respective Appropriate
Assessing Authority alongwith return by the contractor. The duplicate shall be retained by
the contractor for his record. The triplicate to be submitted by the employer to the
Commissioner of Commercial Taxes alongwith the statement in Form VAT–XXVII. The
quadruplicate shall be retained by the employer for his record.
Manual of Goa Laws (Vol. IV) – 1077 – Value Added Tax Act and Rules
To,
…………………………………
…………………………………
TIN
Whereas:
(a) The return(s) filed by you for the period from ……………to ……………has/have been
selected for detailed assessment under sub-section (1) of section 29 of the Goa Value Added
Tax, 2005 and it has become necessary to verify and ascertain the correctness of the said
returns;
Or
(b) You, being a registered dealer, have failed to furnish the return(s) as required under
section 24 of the Act for the period from ……….….to ………..and have thereby rendered
yourself liable to be assessed to the best of my judgment under clause (a) of sub-section (2) of
section 29 of the Goa Value Added Tax Act, 2005;
Or
(c) I desire to satisfy myself that the returns of sales furnished by you in respect of the period
from………..…. to………..…..are correct and complete and it appears to me to be necessary to
make an assessment of tax under clause(b) of sub-section (2) of section 29 of the Act;
Or
(d) You, being a registered dealer have applied for cancellation of registration certificate
w.e.f………...on the ground of closure or stoppage of your business and it has become
necessary to make an assessment under second proviso to sub-section (1) of section 29 of the
Act, in respect of the period from ………to ……..
Or
(e) I am satisfied on the basis of information which has come into my possession that you
have been liable for payment of tax under the Goa Value Added Tax Act, 2005 in respect of the
period commencing on ……….and ending ………..but have failed to apply for registration.
Thus, you have rendered yourself liable to be assessed to tax for the aforesaid period.
You are, therefore, hereby required to-
may wish to rely in support of the returns filed by you or any objection which you may wish to
raise in relation to these proceedings.
2. You are also required to show cause on or before the aforesaid date, as to why a penalty as
laid down under section 54, 55, 57, 58 & 59 of the Act, 2005, as the case may be, in respect of
the period from …………..to …………should not be levied against you.
Place:
Date:
Signature.....................................
Appropriate Assessing Authority
(Seal of Appropriate Assessing
Authority)
________
FORM VAT – IX
[See rule 29(1)]
Notice of re-assessment under section 31 of the Goa Value Added
Tax Act, 2005 (Act 9 of 2005)
Place:
Date:
FORM VAT – X
[See rule 27/28/29]
ORDER OF ASSESSMENT/PROVISIONAL ASSESSMENT/PROTECTIVE
ASSESSMENT/RE-ASSESSMENT UNDER SECTION 29/30/31/32 OF THE GOA
VALUE ADDED TAX ACT, 2005 (Act 9 of 2005)
Commercial Tax Office
………………Ward
(1) TIN of the
dealer…………………………………………………………………
(3) Address of principal place of business………………………………………………………….
(4) Year……………Period of assessment from ………………..to…………………………..
(5) (i) Accounts books produced:
(ii) Method of Accounting :
(6) Section under which assessed:
(7) Date of service of notice in Form VAT – VIII/IX……………………………………
As shown in
dealer‘s As determined
returns/as in assessment/
determined in /re-assessment.
assessment
(8) Turnover……………………………………………
(9) Deduction:
(i) Sale price of goods returned within a period of
six months…………………………………
(iv) Sale price of goods which are sold in the course of inter-
state trade or commerce ………………………..
(viii) …………………………………………………..
Balance taxable turnover
Manual of Goa Laws (Vol. IV) – 1080 – Value Added Tax Act and Rules
Assessment order
Place:
Date:
Signature……………………….
Seal of Assessing Assessing Authority
Authority
Manual of Goa Laws (Vol. IV) – 1081 – Value Added Tax Act and Rules
FORM VAT – XI
(See rule (27/29/39) of the Goa Value Added Tax Rules, 2005)
DEMAND NOTICE
TIN
To,
……………………….….
…………………………..
You are hereby informed that you are liable to pay a sum of rupees ……………………… ……
……………………………..…….……under section (s)………..of the Goa Value Added Tax Act,
2005 (Act 9 of 2005) as tax (………..), penalty (…2………..) and interest (…………) vide order
dated ……….. Copy of the order is enclosed.
2. You are hereby directed to pay the said sum of Rs………. (in figures) …………………….
…………………………………….…….. (in words), in the Treasury/Sub-Treasury/State Bank of
India/other notified Bank at ……………………………………..………….…(place) on or
before…………..….. (date) and furnish the receipt in proof of payment to this office on or before
………………. (date), failing which the said sum will be recovered from you as an arrears of land
revenue.
Signature…………………………
(Appropriate Assessing Authority)
Manual of Goa Laws (Vol. IV) – 1082 – Value Added Tax Act and Rules
[See rule 30(1) of the Goa Value Added Tax Rules, 2005]
REFUND VOUCHER
Refund Voucher for the refund of tax and/or penalty and/or interest Under the Goa Value Added
Tax Act, 2005 (Act 9 of 2005).
Treasury/Sub-Treasury
Payable at the………………. State Bank of India
(Branch) __________________
for Rs………………….
(in figures)
_______________
(in words)
for being credited to the Bank Account of the dealer under No. ……….…. at…………………….
within three months of the date of issue. (Bank & Branch)
To,
The Treasury/Sub-Treasury Officer,
The Agent or Manager of State Bank of India
________________
..………... Ward), for the period from …………….to……………, a refund of Rs. ……….………
is due to ………………………………………………
(2) Certified that the amount of tax and/or penalty and/or interest concerning which this refund
is allowed has been duly credited to the Government Treasury.
(3) Certified that the refund amount shall be debited to the following number of Accounts:
……………………
……………………
……………………
Manual of Goa Laws (Vol. IV) – 1083 – Value Added Tax Act and Rules
(4) Certified that no refund order regarding the sum now in question has been previously been
granted and this order of refund has been entered in the original file of assessment under my
signature.
Treasury/Sub-Treasury
Date of encashment in the State Bank of India
__________________
Date…………….…….
Place……………….…
Treasury/Sub-Treasury
The ………20 ……… Officer-in-charge of State Bank of India
__________________
Received payment…………………….
Claimant‘s Signature…………
Examined,
Accountant…………………..
(a) Classification:
Tax……….
Penalty………
Interest……….
Third copy of the Refund Voucher is identical with the second copy and it is not reproduced here.
Manual of Goa Laws (Vol. IV) – 1084 – Value Added Tax Act and Rules
(Counterfoil)
FORM VAT – XII
[See rule 30(1) of the Goa Value Added Tax Rules, 2005]
REFUND VOUCHER
Voucher No…………….
Refund Voucher for the refund of tax and/or penalty and/or interest under the Goa Value Added
Tax Act, 2005(Act of 2005).
Number in collection register showing the collection of amount regarding which refund is made:-
(Signed)…………….
Designation………………
Dated:
(Office Seal)
Manual of Goa Laws (Vol. IV) – 1085 – Value Added Tax Act and Rules
(1) To,
The Appropriate Assessing Authority,
__________Ward.
(2) TIN
Address: ___________________
(a) Reselling.
do hereby apply for payment of tax by way of Composition as provided under Section 7 of the
Act.
I/We certify that my/our turnover of sales during the previous year ……….was of
Rs……………..
I/We do hereby declare that I/we do not fall under any of the contingencies stipulated under
sub-rule (2) of rule 6.
Place:
257
FORM VAT – XIV
[See rule 6(3)]
Certificate of Composition of tax under section 7 of the Goa Value Added Tax Act, 2005
(Act 9 of 2005)
Registration No………….
1. TIN
2. Ward:
5. Nature of business:
Certified that the dealer has been granted permission for compounding of tax under section 7 of
the Goa Value Added Tax Act, 2005 (Act 9 of 2005).
The dealer shall furnish quarterly return in Form VAT–IV alongwith the receipt of the payment
of Composition Tax.
The application for renewal of the certificate should be made within 30 days
from the date of its expiry.
Place:
_______________________
Date: (Seal of Assessing Authority) Assessing Authority……..Ward
Note : Dealer who defects in filing the return within the prescribed time shall be disqualified for
the composition of tax for the next two consecutive years.
RENEWAL
Signature of Appropriate
Date of renewal Year for which renewed
Assessing Authority
257
Substituted vide Fourth Amendment Rules, 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006.
Manual of Goa Laws (Vol. IV) – 1087 – Value Added Tax Act and Rules
258
FORM VAT- XV
[See rule 42]
Audit Report under sub-section (1) of section 70 of the Goa Value Added Tax Act, 2005 (Act 9
of 2005) in a case where the accounts of the business have been audited under any other law.
Subject to the above in our opinion and to the best of our information and according to
the explanations given to us, the particulars given in the said Form VAT XV and
annexure thereto are true and correct.
For _________________
Chartered Accountant
Name Proprietor/Partner
Membership No.____________
Address_________________________
_________________________
Place:
Date:
*Strike off whichever is not applicable.
258
Substituted vide Third Amendment Rules, 2006 published in the Official Gazette, Series I No. 18 (Extraordinary) dated
7-8-2006.
Manual of Goa Laws (Vol. IV) – 1088 – Value Added Tax Act and Rules
14. Particulars of main operating bank accounts Name of Bank Branch Account No.:
Manual of Goa Laws (Vol. IV) – 1089 – Value Added Tax Act and Rules
PART – B
WITHIN STATE SALES
TOTAL
*Note: (Total taxable turnover to match with total turnover of sales as per 15q.
16 B. TOTAL TAX COLLECTED IN THE YEAR:
a. Under the Goa Value Added Tax Act:
b. Under Central Sales Tax Act:
Manual of Goa Laws (Vol. IV) – 1090 – Value Added Tax Act and Rules
TOTAL*
TOTAL*
*Note: Total of turnover under column 17A + 17B to match with 17C.
(i) On capital goods for the year (as per 17A. above):
(ii) On other goods :
_____ _____
_____ _____
Return
Sr.
Particulars column Q1 Q2 Q3 Q4 Total
No.
reference
1. Total sales
2. Total deduction
3. Balance taxable turnover
4. Total output tax
5. Total input tax credit availed
6. 75% deduction under Net
Present Value Compulsory
Payment Scheme, 2005
7. Balance Tax Payable
8. Amount of tax paid during the
period
20. Give reconciliation/reason for difference, if any, in taxable sales, tax liability and input
tax credit as per books and as disclosed in return.
21. Whether there is delay in payment of tax, if yes, please give particulars as under:
Sr. Period for which Due date Date of Amount Delay Interest
No. due payment payable
Manual of Goa Laws (Vol. IV) – 1092 – Value Added Tax Act and Rules
22. Whether there is delay in returns, If yes, please give particulars as under:
Reasons, if any
Period of return Due date Date of filing of return Delay as given by the
dealer
23. Whether the dealer has deducted tax at source and paid the same to the credit of State
Government in accordance with the provisions of Act and Rules.
24. Give details of sales effected as commission agent, in the following proforma:
Name of principal & TIN No. Total Sales Output tax, if any VAT/CST
address (if any) during the year
25. Whether the sales of any taxable goods is claimed exempt under the Goa Value Added
Tax Act/Rules, If yes, give details of such sales:
Name of
Sr. TIN Amount of
Invoice No. Date Party to whom Reason
No. (if any) bill
sold
Manual of Goa Laws (Vol. IV) – 1093 – Value Added Tax Act and Rules
26. Statement of sales alongwith respective declaration in Form VAT XXX & Form
VAT XXXIII.
26. (a) Whether any sales claimed as taxable under Entry (53) of Schedule ‗B‘ (Industrial
inputs and packing materials) are supported with declaration in Form VAT XXXIII. If not
give details.
Sr.
Invoice No. Date Name of Party Amount (Rs.)
No.
26. (b) Whether any sales claimed as taxable under Entry (23) of Schedule ‗B‘ (Capital
Goods) are supported with declaration in Form VAT XXX. If not, give details.
PART C
EXPORT SALES
27. (a) Total export sales [(total to match sales in column 15(m)] ___________________
(b) Whether all declarations for export (Form H) are available on record. If not, give
details.
PART D
INTERSTATE SALES
28. TURNOVER OF INTERSTATE SALES ETC. (As per Books)
Particulars
a. Total Inter-State Taxable Sales.
Quarter- I
Quarter- II
Quarter-III
Quarter -IV
Total
30. Give reconciliation of difference, if any, in taxable sales as per books and as per return.
31. Whether there is delay in payment of tax. If yes, give particulars as under.
Sr.
Date of Sale Amount payable Due Date Date of payment Delay
No.
32. Whether there is delay in filing of return. If yes, give particulars as under:
Sr. No. Particulars Due Date for filing return Date when filed Delay
33. Whether Inter-State sales claimed as liable to tax u/s 8(1) of CST Act are supported with
declaration in Form C/D. If not give details:
34. Whether Inter-State sales claimed as exempt under section 6(2) of CST Act, are
supported with necessary declaration, if not, give details:—
35. Whether claims of all Inter-State branch transfer/consignment transfers u/s 6A of CST
Act, are supported with declaration in Form ‗F‘, if not, give details:—
36. Whether Inter-State sales claimed as exempt under section 8(5) of CST Act, are
supported with declaration in Form C/D, if not, give details:—
37. INPUT TAX ADJUSTMENTS INFORMATION (In case Input Tax Credit is more than
Output Tax)
Period Amount
3. Against any dues under the Goa Sales Tax Act, 1964
Period Amount
4. Against any dues under Goa Tax on Entry of Goods Act, 2000
Period Amount
Period Amount
Balance Input Tax Credit on other goods carried forward to next year
(iii) Period of Entitlement of Sales Tax incentives as per Goa From___ (DD/MM/YYYY)
VAT Act, 2005 read with Notification No.__________
dated ___________ and No. _____________ To ______ (DD/MM/YYYY)
dated _________. No. ________ dated ______________
I certify that above particulars are true and I certify that above particulars
correct to best of my knowledge and belief. are verified by me from books
of account and same are true and correct.
Manual of Goa Laws (Vol. IV) – 1097 – Value Added Tax Act and Rules
Place : _________________________
Place: _________________________
Date : __________________________ Date: __________________________
——————
FORM VAT – XVI
[See rule 30(1) of the Goa Value Added Tax Rules, 2005]
Refund Adjustment Order
Voucher No.___________
(5) Details of amount deducted, if any on account of any demand outstanding against the
applicant.
Amount Demand Notice No. & date
(7) The amount of Rs………….. to be refunded by issue of Refund Voucher in Form VAT – XII.
Date:
(Seal of Assessing Authority)
Manual of Goa Laws (Vol. IV) – 1098 – Value Added Tax Act and Rules
(1) TIN :
(2) Style of business :
(3) Status of the business (write here individual, HUF
Partnership, Limited Company, Association of :
persons, etc. as the case may be)
(4) Location of principal place of business :
(5) Address to which notice may be sent to
the appellant :
(6) Name of the Appropriate Assessing
Authority/Appellate Authority passing the order :
(7) Period to which the appeal relates :
(8) Date of order :
(9) Date of service of order appealed against :
(10) Amount demanded
Tax :
Penalty :
Interest :
Total :
(11) Amount paid
Tax :
Penalty :
Interest :
Total :
(14) The appellant has paid the tax assessed, interest levied and penalty imposed under the order
appealed against as shown below:
(16) Grounds of appeal (may be recorded in a separate sheet if the space is insufficient)
Verification
I/ We ……….the appellant (s) do hereby declare to the best of his/their knowledge and belief that
the facts set out in the memorandum are true and that the amount of tax assessed or re-assessed
interest and the penalty, if any, imposed or the tax and penalty admitted to be due has been paid by
Treasury Chalan dtd…….., copy of which is enclosed.
Date:
Signature of appellant or person
Place: duly authorised in writing in
his behalf by the appellant.
Date of receipt………………
…………………………………………………………………………………………………...…
Acknowledgment
Received from M/s. ……………………….of …………….………TIN (if any) ……….……….
Memorandum of Appeal alongwith the enclosures mentioned therein.
Date:
(Office Seal)
……………………………………………………………………………………………………….
Manual of Goa Laws (Vol. IV) – 1100 – Value Added Tax Act and Rules
…..……………………………….…….
only)
,
______________________ _____________________________________
(Signature of Accountant) (Signature of Treasury/Bank Officer/Manager)
(Stamp of Treasury/Bank)
Manual of Goa Laws (Vol. IV) – 1101 – Value Added Tax Act and Rules
Place:
_______________________ ______________________________________
(Signature of Accountant) (Signature of Treasury/Bank Officer/Manager)
(Stamp of Treasury/Bank)
Manual of Goa Laws (Vol. IV) – 1102 – Value Added Tax Act and Rules
Treasury/Sub-Treasury
Remitted in …………………………… State Bank of India
(Branch) ______________________
Place:
_____________________ _____________________________________
(Signature of Accountant) (Signature of Treasury/Bank Officer/Manager)
(Stamp of Treasury/Bank)
Manual of Goa Laws (Vol. IV) – 1103 – Value Added Tax Act and Rules
Under section 28(2) of the Goa Value Added Tax Act, 2005 (Act 9 of 2005)
0040 – Taxes on Sales, trade, etc.
…………………………………
Treasury/Sub-Treasury
Remitted in …………………………… State Bank of India
(Branch) ______________________
Place:
____________________ _____________________________________
(Signature of Accountant) (Signature of Treasury/Bank Officer/Manager)
(Stamp of Treasury/Bank)
Manual of Goa Laws (Vol. IV) – 1104 – Value Added Tax Act and Rules
FORM VAT-XIX
[See rule 39(3) of the Goa Value Added Tax Rules, 2005]
TIN
To,
…………………………….
……………………….……
Whereas it has come to my notice that a clerical/arithmetical mistake has arisen in the order
of ………………….dated ……….……passed by ………………………(Authority) for the
year/period from ……….to ………………..
And whereas, it is felt necessary to rectify the said clerical/arithmetical mistake and which
rectification may have the effect of enhancing the assessment resultantly in extra dues of
Rs……………….…..
(ii) produce or cause to produce your books of accounts relating to aforesaid period in support
of your objections, if any, which you may wish to raise in relation to these proceedings at
………………….…..(place)…….….(time) ……...…..(date).
Kindly note that in the event of your failure to comply with the requirements hereinabove
made, the appropriate order shall be passed without any further reference to you.
Place:
Date:
FORM VAT – XX
(See rule 44(2) of the Goa Value Added Tax Rules, 2005)
DECLARATION (a)………….
…………………………………………………………………..
(6) Quantity/weight…………………………………………………
I ……………declare that to the best of my knowledge and belief, the above statements are
true and correct.
………………………………….
Date:……….. Signature of the consignor or his
authorised agent
(12) In the case of transport by road, following details should be furnished by the Transport
Company:
………………………………...…………………………………………………….
……………………......……………………………………………………………..
Manual of Goa Laws (Vol. IV) – 1106 – Value Added Tax Act and Rules
(c) Name and full address of the person in-charge of the goods
………………………...…………………………………………………………….
-----------------------------------------------------
(to be completed in the office of Check-Post)
Officer-in-charge of the
Check-Post
……………………….
(Signature)
To,
I, declare that I am qualified to attend before any Commercial Taxes Authorities under section
82 of the Goa Value Added Tax Act, 2005 (Act 9 of 2005), in accordance with Rule 56 of the said
Rules, in that-
(2) I state that I possess the qualification mentioned in Rule 56 of the Goa Value Added Tax
Rules, 2005. Certified copies of certificates/degree/diploma, etc. alongwith originals and 2 copies
of my latest photographs are enclosed herewith.
The above statements are true to the best of my knowledge and belief.
The original documents sent herewith be returned to me after verification.
Place:
Date: __________________________
Encl: As above. Signature of the applicant
ACKNOWLEDGMENT
Received an application in Form VAT – XXI from ___________ alongwith enclosures stated
below for enrolment under Rule 56 of the Goa Value Added Tax Rules, 2005.
Enclosures received:
1.
2.
3.
GOVERNMENT OF GOA
CERTIFICATE OF ENROLMENT
( )
Commissioner of Commercial Taxes
Space for
photograph
N. B.: (1) This certificate needs to be produced before the Commercial Taxes
Authorities on demand.
(2) The practitioner shall quote his enrolment No. in the authority letter
to be produced to Commercial Taxes Authorities.
259
Substituted vide Fourth Amendment Rules, 2006 published in the Official Gazette, Series I No. 35 dated 30-11-2006.
Manual of Goa Laws (Vol. IV) – 1109 – Value Added Tax Act and Rules
(2) TIN
______________Ward
Dated
To,
___________________________
___________________________
Manual of Goa Laws (Vol. IV) – 1110 – Value Added Tax Act and Rules
To,
The Appropriate Assessing Authority,
___________ Ward.
Place:
Date:
________________________
Signature of the Employer
Manual of Goa Laws (Vol. IV) – 1111 – Value Added Tax Act and Rules
FORM VAT-XXV
[See rule 15(2)]
Registration Certificate for an Employer
Registration No.:
Place:
Date:
____________________________
Signature of Assessing Authority
RENEWAL
Signature of Appropriate
Date of renewal Period to which renewed
Assessing Authority
Manual of Goa Laws (Vol. IV) – 1112 – Value Added Tax Act and Rules
(6) Details of purchases of goods made within the State against the Tax Invoices related to
aforesaid sale of goods (a separate Annexure to be attached in the following proforma).
(7) The return for aforesaid period in Form VAT – VIII and in Form I under the Central Sales
Tax (Registration and Turnover) Rules, 1957 are filed separately.
DECLARATION
I, hereby, declare that the above particulars are true to the best of my knowledge and belief.
Further, I declare that no application for refund in respect of the present claim has made
earlier.
Place:
Date: Signature of the dealer or his
authorised representative
Status…………………….......…
Manual of Goa Laws (Vol. IV) – 1113 – Value Added Tax Act and Rules
(4) Total amount of payments made during the quarter Rs. __________________ chalan/scroll
No. dtd.
DECLARATION
Date:
______________________________________
Signature of the employer or his representative
_______
[See rule 25(2)(iv) of the Goa Value Added Tax Rules, 2005]
To,
Sir,
My/our Bank Account in India is under No………….…and the payment towards such
reimbursement of tax be made payable by demand draft to be credited to the said Bank Account.
_________________________
Place: Signature of authorised officer
Date:
Status & Office seal_________
(Original/Duplicate/Triplicate/Quadruplicate)
Manual of Goa Laws (Vol. IV) – 1115 – Value Added Tax Act and Rules
DECLARATION
(Under Entry (23) of Schedule ‗B‘ to the Goa Value Added Tax Act, 2005)(Act 9 of 2005)
Sr No:
Year :
I ………………………………………… (name),………………..………..(designation/status)
of M/s. ……….…..…. (name and address of purchasing dealer) on behalf of the said purchaser do
hereby declare that:-
(2) The goods specified in the Tax Invoice No. …………..dated…………..of M/s. ..................
have been purchased by me/us as Capital goods as defined in the Goa Value Added Tax
Act, 2005 (Act 9 of 2005) and that they are properly recorded in our books of accounts.
I/We hereby declare that whatever stated above is true to the best of my/our knowledge and
belief.
N.B.: To be issued in quadruplicate. The ‗original‘ and the ‗duplicate‘ shall be made over by the
purchasing dealer to the selling dealer out which the ‗original‘ shall be forwarded by the
selling dealer to his Assessing Authority alongwith the return.
The ‗duplicate‘ shall be retained by the selling dealer for his record. The ‗triplicate‘ shall be
sent by the purchasing dealer immediately on its issue to the Commissioner keeping the
‗quadruplicate‘ for his record.
Manual of Goa Laws (Vol. IV) – 1116 – Value Added Tax Act and Rules
To,
……….................................…………
………………….............................…
I/We am/are in respect of your notice under reference No…………dated….….. requiring me/us
to ……...............
In this regard, I/We ……………object to your jurisdiction for the issue of the said notice to
me/us on the following ground (may be recorded in separate sheet if the space is insufficient).
A certified copy of the notice in respect of which the jurisdiction has been objected is enclosed.
Prescribed fees of Rs. 100/- are paid by way of court fee stamp affixed on this application.
Place: Signature…………………......….
Name of the person
signing…………............…
Date:
Signature:
Place:
Status:
Date: Signature:………....................……
260
FORM VAT – XXXIII
(See rule 58)
DECLARATION
[Under entry at serial number (53) of Schedule ‗B‘ to the Goa Value Added
Tax Act, 2005 (Goa Act 9 of 2005]
(2) The goods specified in the tax invoices and listed in the table hereinbelow have been sold
by...................................................... as industrial inputs/packing material covered under entry at
serial number(53) of Schedule ‗B‘ to the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) as
indented by the respective purchasing dealers for use by them in the manufacture of goods for sale.
TABLE
Period from ...................... to ...................... (quarter) Year: .....................
Sr. No. Name and address of the TIN Details of Invoice Date Amount in
purchasing dealer goods sold No. Rupees
(Rs)
(1) (2) (3) (4) (5) (6) (7)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Total
I hereby declare that whatever stated above is true to the best of my knowledge and belief.
Date: Signature:
Place: Status:
N. B.: To be issued in duplicate. The ‗original‘ shall be forwarded by the selling dealer to the
Assessing Authority and the ‗duplicate‘ shall be retained by him for his record.
260
Inserted vide Second Amendment Rules, 2005, thereafter substituted vide seventh Amendment published in the Official
Gazette, Series I No. 10 dated 4-6-2009.
Manual of Goa Laws (Vol. IV) – 1119 – Value Added Tax Act and Rules
261
FORM VAT-XXXIV
(See rule 58)
DECLARATION
[Under entry at serial number (53) of Schedule ‗B‘ to the Goa Value
Added Tax Act, 2005 (Goa Act 9 of 2005)]
(2) The goods specified in the tax invoices and listed in table hereinbelow have been purchased
by him as industrial inputs/packing materials covered by entry at serial number (53) of Schedule
‗B‘ to the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005), for use in the manufacture of
goods at our factory and not for resale.
TABLE
Sr. No. Name and address of the TIN Details of Invoice Date Amount
selling dealer the goods No. Rupees
purchased (Rs.)
(1) (2) (3) (4) (5) (6) (7)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Total
I hereby declare that whatever stated above is true to the best of my knowledge and belief.
Date: Signature:
Place: Status:
N. B.: To be issued in duplicate. The ‗original‘ shall be forwarded by the purchasing dealer to
the Assessing Authority and the ‗duplicate‘ shall be retained by him for his record.
261
Inserted seventh Amendment published in the Official Gazette, Series I No. 10 dated 4-6-2009.
Manual of Goa Laws (Vol. IV) – 1120 – Value Added Tax Act and Rules
[Published in Official Gazette, Series I No. 53 Extraordinary No. 3, dated 31st March 2005].
_________
Notification
No. 4/5/2005-Fin(R&C)(3)
In exercise of the powers conferred by sub-rule (2) of rule 1 of the Goa Value Added
Tax Rules, 2005 (hereinafter referred to as the ―said Rules‖), the Government of Goa
hereby appoints the 1st day of April, 2005, as the date on which the said Rules shall come
into force.
(1) The goods should be purchased from a registered dealer within the State.
(2) The subsequent dealer claiming such exemption shall be registered under the
said Act.
(3)Proof of payment of tax at first point of sales on such goods shall be adduced to
the satisfaction of the Appropriate Assessing Authority.
Manual of Goa Laws (Vol. IV) – 1121 – Value Added Tax Act and Rules
Annexure
1) Aviation spirit, Aviation turbine fuel and A.V. Gas other than covered by entry 34 of
Schedule ‗B‘, appended to the said Act.
2) High Speed Diesel (HSD).
3) Light Diesel Oil (LDO).
4) Motor Spirit which is commercially known as petrol including ethanol blended petrol.
5) Any other petroleum products not specifically described hereinabove or in any of the
Schedules appended to the said Act other than kerosene oil, liquified petroleum gas,
furnace oil and substitute furnace fuel including low sulphur heavy stock, naphtha and
lubricating oil and grease.
This Notification shall come into force with effect from 1st April, 2005.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 31st March, 2005.
[Published in Official Gazette, Series II No. 53 Extraordinary No. 3, dated 31st March, 2005].
________
Notification
No. 4/5/2005-Fin(R&C)(6)
In exercise of the powers conferred by sub-section (8) of section 9 of the Goa Value
Added Tax Act, 2005 (Act No. 9 of 2005) (hereinafter referred to as the ―said Act‖), and
all other powers enabling it in this behalf, the Government of Goa hereby specifies six
months as the period and 1st day of July, 2005 as the date, for the purposes of said
sub-section (8) of section 9 of the said Act. During the said period input tax credit shall
be proportionately apportioned.
This Notification shall come into force with effect from 1st April, 2005.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 31st March, 2005.
[Published in Official Gazette, Series I No. 20 Extraordinary No. 2, dated 24th August, 2005].
Manual of Goa Laws (Vol. IV) – 1122 – Value Added Tax Act and Rules
Notification
No. 4/5/2005-Fin(R&C)(7)
In exercise of the powers conferred by sub-section (1) of section 13 of the Goa Value
Added Tax Act, 2005 (Act No. 9 of 2005) (hereinafter referred to as the ―said Act‖), and
all other powers enabling it in this behalf, the Government of Goa hereby appoints Shri
Amit Yadav, as the Commissioner, for carrying out the purposes of the said Act.
This Notification shall come into force with effect from 1st April, 2005.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp).
Porvorim, 31st March, 2005.
[Published in Official Gazette, Series II No. 53 Extraordinary No. 3, dated 31st March, 2005].
________
Notification
No. 4/5/2005-Fin(R&C)(8)
In exercise of the powers conferred by sub-section (6) of section 13 of the Goa Value
Added Tax Act, 2005 (Act No. 9 of 2005) (hereinafter referred to as the ―said Act‖), and
all other powers enabling it in this behalf, the Government of Goa hereby delegates to the
Commissioner all the powers conferred on the Government under said section 13 of the
said Act, except powers relating to the appointment of Additional Commissioner or
Assistant Commissioner or other Officers.
This Notification shall come into force with effect from 1st April, 2005.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 31st March, 2005.
[Published in Official Gazette, Series II No. 53 Extraordinary No. 3, dated 31st March, 2005].
________
Notification
No. 4/5/2005-Fin(R&C)(11)
In exercise of the powers conferred by sub-section (1) of section 75 of the Goa Value
Added Tax Act, 2005 (Act No. 9 of 2005) (hereinafter referred to as the ―said Act‖), and
all other powers enabling it in this behalf, the Government of Goa, with a view to prevent
or check avoidance or evasion of tax, hereby directs establishment of the following
Check-posts at the places mentioned below.
(1) Check-post at Molem…………Sanguem Taluka.
(2) Check-post at Dodamarg……..Bicholim Taluka.
Manual of Goa Laws (Vol. IV) – 1123 – Value Added Tax Act and Rules
[Published in Official Gazette, Series II No. 53 Extraordinary No. 3, dated 31st March, 2005]
________
Notification
No. 4/5/2005-Fin(R&C)(13)
In terms of the provisions of sub-section (2) of section 89 of the Goa Value Added Tax
Act, 2005 (Act 9 of 2005) and in partial modification of the Goa Sales Tax Deferment-
-cum-Net Present Value Compulsory Payment Scheme, 2003, the Government of Goa is
hereby pleased to frame the Goa Value Added Tax Deferment-cum-Net Present Value
Compulsory Payment Scheme, 2005, as follows, namely:—
1. Short title, application and commencement.— (1) This Scheme may be called the
Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme,
2005.
(2) It shall apply to the industrial units eligible as per provisions of this Scheme in the
entire State of Goa.
(3) It shall come into force on 1st day of April, 2005.
(h) ―net present value (NPV)‖ means the amount equal to 25% of tax liability
during the period of entitlement;
(i) ―appointed day‖ means the day on which the Goa Value Added Tax Act, 2005
(Act 9 of 2005) shall come into force;
(j) ―earlier scheme‖ means the Goa Sales Tax Deferment-cum-Net Present Value
Compulsory Payment Scheme, 2003;
(B) Words and expressions used in this scheme and not defined but defined in the Act
shall have the same meaning respectively assigned to them under the Act.
3. Scope of Scheme.— This Scheme is in lieu of exemption available and availed on
the appointed day under the said entry and/or the Government order, as the case may be
under the earlier law.
In respect of Government Notification issued under sub-section (5) of section 8 of the
Central Sales Tax Act, 1956 the eligible unit may exercise option either to continue the
exemption subject to condition specified in the said notification including production of
Form ―C‖/―D‖ or to opt for the benefit under this Scheme. The option once availed is
irrevocable.
4. Eligibility.— The industrial units which are entitled for availing the benefit of the
said entry and/or said notification or under the Government order extending the benefit
shall be eligible for the benefit of this Scheme from the date of filing of declaration if
such declaration is filed within 30 days from the appointed day and that it will take effect
from the said date i.e. appointed day.
The declaration shall be in the Form I specified hereto with supporting documents. An
acknowledgement in Form II as specified hereto shall be issued by the Officer authorised
for the purpose by the Commissioner. In cases of Government Order extending the said
benefit, eligibility of such unit shall be subject to the conditions specified in the said
Order.
Those units which are already availing the benefit under the earlier Scheme may
exercise option within 30 days from the appointed day whether they would like to
continue in the Scheme in relation to inter-state sales or would like to avail exemption
under sub-section (5) of section 8 of the Central Sales Tax Act, 1956. In case such unit
opt for exemption then such exemption will be available for balance unexpired period
reduced by additional 15% allowed under the earlier Scheme. In case they opt to be in the
Scheme, the terms of earlier Scheme shall be applicable including period of benefit.
5. Quantum of benefit.— The quantum of benefit under this Scheme will be equal to
the tax liability during the period of entitlement reduced by NPV (Net Present Value).
6. Discharge from deferred tax liability.— The payment of Net Present Value will
discharge the industrial unit from any obligation under the Goa Value Added Tax Act,
2005 and/or the Central Sales Tax Act, 1956, as the case may be, towards payment of the
balance tax during the period of entitlement to the extent it is payable under the Scheme.
7. Effect of non-payment of Net Present Value.— In the event of non-payment of
Net Present Value, the implementing agency shall recover the respective amount with
Manual of Goa Laws (Vol. IV) – 1126 – Value Added Tax Act and Rules
interest at 15% per annum of Net Present Value defaulted. Further, the amount in default
with accrued interest shall be recovered as arrears of land revenue.
8. Procedure for availing benefit of the Scheme.— The eligible units shall make a
declaration to the Commissioner of Commercial Taxes in the Form I specified hereto,
enclosing therewith the following documents:—
(i) the Certificate of registration/acknowledgement of IEM/Letter of intent;
(ii) last assessment order and copies of quarterly returns filed for the previous year;
(iii) declaration stating the date of first sale effected;
(iv) description of the goods manufactured, processed or assembled.
On receipt of the declaration, the Commissioner of Commercial Taxes if he has reason
to believe that the declaration so furnished is factually incorrect or deficient, he shall
issue a deficiency memo calling for compliance within 30 days and in the event of non-
-compliance or if the details furnished therein are proved to be incorrect, he shall make an
order withdrawing the benefit under the Scheme, after giving an opportunity of hearing to
the declarant.
The eligible unit will be entitled to charge tax at appropriate rate and effect payment of
net present value. In the returns to be filed under the Goa Value Added Tax Act, 2005,
such unit shall indicate the amount of tax paid by way of net present value and will also
show the amount of tax liability deferred and discharged under clause 6.
9. Restriction on issue of invoice and for claiming input tax credit on goods
manufactured by industries covered under the Scheme.— The invoice issued by the
eligible unit covered by the Scheme shall be ‗Restrictive Tax Invoice‘. Input tax credit
shall be admissible against it to the extent the goods are sold within the State. In the event
of inter-state sales of such goods by any of the subsequent seller, the input tax credit shall
be restricted to the actual output tax payable on such inter-state sales or input tax paid on
such goods, whichever is lower. The input tax credit shall not be admissible if goods are
dispatched by way other than sales, by the subsequent dealer/dealers.
The eligible unit shall specifically mention in the invoice the following:—
―Goods covered hereinunder are manufactured by eligible unit coming under the Goa
Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme,
2005. Input tax credit restricted to local sales only‖.
10. Statement of Restrictive Tax Invoice issued.— The eligible unit shall furnish a
statement of tax invoice issued (alongwith quarterly return) during the period in Form III
appended hereto.
11. Saving.— Notwithstanding anything contrary contained in this Scheme, the units
which are availing the benefit as on appointed day under the earlier Scheme, such units
shall continue to avail the benefit in same terms applicable to them under the earlier
Scheme except those units which opt for exemption under notification issued under sub-
-section (5) of section 8 of the Central Sales Tax Act, 1956.
12. Earlier Scheme.— The Earlier Scheme shall stand modified from the appointed
day, to the extent as provided in this Scheme.
Manual of Goa Laws (Vol. IV) – 1127 – Value Added Tax Act and Rules
SCHEDULE
[See clause 2(e)(ii)]
1) Units manufacturing or processing Indian made Foreign Liquor including beer and wines as
defined in the Goa Excise Duty Act, 1964 (Act 5 of 1964).
2) Units manufacturing country liquor as defined in the Goa Excise Duty Act, 1964 (Act 5 of
1964).
FORM – I
Declaration under ―the Goa Value Added Tax
Deferment-cum-Net Present Value Compulsory
Payment Scheme, 2005‖
(See clauses 4 and 8)
DECLARATION
In accordance with ―the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory
Payment Scheme, 2005‖ notified by the Government under Notification No.__________________
dated _________________ , I ______________________________________________ (name) on
behalf of the industrial unit ______________________________________________________ ,
hereby make the following declaration:
1) That I/We would like to avail the benefit of ―the Goa Value Added Tax Deferment-cum-Net
Present Value Compulsory Payment Scheme, 2005‖ (hereinafter referred to as ―said Scheme‖) as
notified under No.__________________________________ dated ___________________ .
2) That I/we have read and understood the contents of the said Scheme and I/We undertake to
abide by provisions thereof.
3) That as per relevant entry 68 and 85 of the Second Schedule appended to the earlier law
or/and Government Notification or order my/our industrial unit is entitled for exemption benefit
for __________ years commencing from ___________________ .
4) That my/our industrial unit is registered with appropriate authority and the details are as
stated below:
(a) Name and address of the unit alongwith name and address of the proprietor/partner/
/director: _______________________________
(b) SSI Registration No./Industrial licence No. DGTD registration No. and date/
Acknowledgement No. from Entrepreneurial Assistance Unit, Secretariat of Industrial
Approvals, Department of Industrial Development, Ministry of Industry, Government of
India: _______________________________ (certified copy to be enclosed).
(c) Date of commencement of production: _______________________________ (certificate to
be enclosed).
(d) No. of Registration Certificate under the earlier law i.e. Goa Sales Tax Act, 1964 (Act 4 of
1964), under the Central Sales Tax Act, 1956 (Central Act 74 of 1956) _______________ .
(e) Description of goods manufactured/processed/assembled: __________________________ .
(f) Date of first sale of goods manufactured/processed/assembled: _______________________
Manual of Goa Laws (Vol. IV) – 1128 – Value Added Tax Act and Rules
(g) Period of exemption under entry 68/85 of Second Schedule appended to the earlier law.
_____________ to _______________ .
(h) The balance period of exemption available as on the appointed day: __________________ .
5) I/We hereby declare that the unit is not of high polluting nature as declared by the Central
Government and included in the Annexure appended to entry No. 68 and 85 of the Second
Schedule to the earlier law.
I/We hereby declare that the Industrial unit run by me/by us is of high polluting nature falling
under category ___________________ as declared by Central Government and included in the
Annexure appended to entry 68 and/or 85 of the Second Schedule to the earlier law and that
Government has extended the benefit of exemption to the unit vide Order No._________________
dated_______________.
6) Year-wise details of benefit under entry 68 or 85 of Second Schedule to the Goa Sales Tax
Act and/or under section 8(5) of the Central Sales Tax Act as claimed/assessed in respect of
my/our unit is as under:
Turnover claimed/assessed under Entry
68/85 of the Second Schedule of the Goa
Year Sales Tax Act, 1964 and/or notification Notional Tax Liability
under section 8(5) of the Central
Sales Tax Act,1956
i.
ii.
iii.
iv.
7) I/We declare that in terms of the Goa Value Added Tax Deferment-cum-Net Present Value
Compulsory Payment Scheme, 2005, I/We are entitled for its benefit upto __________________ .
I/We, hereby declare, that what is stated by me/us above is true as per information derived from
my/our record, which I/We believe to be correct.
(Signature of Declarant)
(Status) Prop./Chairman/M.D./Partner
_______
FORM II
Acknowledgement-cum-Order
(See clause 4)
I, _______________________________________ Commercial Tax Officer, authorized by the
Commissioner of Commercial Taxes, hereby acknowledge the receipt of declaration filed by
_______________________________ under the ―Goa Value Added Tax Deferment-cum-Net
Present Value Compulsory Payment Scheme, 2005‖ on __________________ in respect of
industrial unit under the name _________________________________ registered with the
Manual of Goa Laws (Vol. IV) – 1129 – Value Added Tax Act and Rules
Commercial Tax Department under No. _______________ under the Goa Sales Tax Act, 1964 and
under No. _______________ under the Central Sales Tax Act, 1956 and under TIN _______ .
The declarant on the basis of this declaration is authorized to charge tax under the Goa Value
Added Tax Act, 2005 and/or under the Central Sales Tax Act, 1956 at appropriate rate and avail
the benefit of the Scheme.
The declarant industrial unit is required to file quarterly returns as per provisions of the Goa Value
Added Tax Act, 2005 and/or the Central Sales Tax Act, 1956 and effect payment of Net Present
Value, accordingly.
The benefit under the ―Goa Value Added Tax Deferment-cum-Net Present Value Compulsory
Payment Scheme, 2005‖ hereby allowed, is liable to be withdrawn in the event of any of the
details furnished in the declaration are proved to be incorrect or in the event of non-compliance
within the time stipulated in the deficiency memo, if issued.
Place:
Date:
FORM III
(See clause 10 of the Scheme)
Statement of Restrictive Tax Invoices issued
Sr. Invoice No. Name of the TIN of Amount of Tax Description of Remarks
No. & Date purchasing dealer purchasing sale Amount goods sold
dealer
[Published in Official Gazette, Series I No. 53 Extraordinary No. 4, dated 31st March, 2005].
________
Notification
No. 4/5/2005-Fin(R&C) (18)
In pursuance of entry (53) of Schedule ‗B‘ appended to the Goa Value Added Tax Act,
2005 (Act No. 9 of 2005), the Government of Goa hereby notifies the following Industrial
inputs and packing materials as specified in the Annexure herebelow, for the purposes of
said entry (53), namely:—
Manual of Goa Laws (Vol. IV) – 1130 – Value Added Tax Act and Rules
With reference to the Chapters under the Central Excise Tariff Act, 1985 (Central Act
5 of 1986).
Manual of Goa Laws (Vol. IV) – 1141 – Value Added Tax Act and Rules
This Notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 31st March, 2005.
[Published in Official Gazette, Series I No. 17 Extraordinary No. 3, dated 3rd August, 2005].
________
Notification
No. 4/5/2005-Fin(R&C)(19)
In exercise of the powers conferred by clause (b) of sub-section (2) of section 5 of the
Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said
Act‖), and all other powers enabling it in this behalf, the Government of Goa hereby
extends, zero rate of tax for transactions effected by dealers from Domestic Tariff Area to
dealers in Special Economic Zone (SEZ) or to 100% Export Oriented Units (EOU) or to
Software Technology Park Units or to Electronic Hardware Technology Park Units,
subject to the following conditions:—
1) The selling as well as the purchasing dealer shall be registered under the said Act;
2) Sales should be supported by a declaration to be issued by the purchasing dealer in
the Form ‗A‘ hereto.
This Notification shall come into force with immediate effect.
Original/Duplicate/Triplicate/Quadruplicate
Form ‗A‘
[See Notification No. dated issued under section 5(2)(b) of the Goa Value Added Tax
Act, 2005 (Goa Act 9 of 2005)]
I …………………………………………………………….……..(name and designation or
status), of M/s ………………………………………………………………………………………..
(name and address of purchasing dealer), on behalf of the said purchaser, do hereby declare that:—
1) *I am/we are registered dealer holding certificate of registration under No.
(TIN)………..……………………….……which is in force on the date of transaction.
I/we hereby further declare that whatever is stated above is true to the best of my/our know-
ledge and belief.
Place:
Signature......................................
Date :
Status...........................................
Name and address of the purchasing dealer.
.............................................................................................................................................................
N.B.: To be issued in quadruplicate. The original and duplicate should be made over by the
purchasing dealer to the selling dealer, out of which the original shall be furnished to the selling
dealer‘s Appropriate Assessing Authority for claiming exemption of tax. The duplicate shall be
retained by the selling dealer for his record. The triplicate shall be sent by the purchasing dealer
immediately on issue of declaration to his Appropriate Assessing Authority. The quadruplicate
shall be retained by the purchasing dealer for the record.
[Published in Official Gazette, Series II No. 19 (Extraordinary No. 4), dated 17th August, 2005].
________
Notification
No. 4/5/2005-Fin(R&C)(20)
In exercise of the powers conferred by sub-section (10) of section 14 of the Goa Value
Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖), and
all other powers enabling it in this behalf, the Government of Goa hereby confers on the
Administrative Tribunal for the State of Goa, constituted under the Goa Administrative
Tribunal Act, 1965 (Act 6 of 1965), the powers conferred on a Tribunal by or under the
said Act.
This Notification shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 16th August, 2005.
[Published in Official Gazette, Series II No. 19 (Extraordinary No. 4), dated 17th August, 2005].
Manual of Goa Laws (Vol. IV) – 1143 – Value Added Tax Act and Rules
Notification
No. 4/5/2005-Fin(R&C)(21)
In exercise of the powers conferred by sub-section (3) of section 75 of the Goa Value
Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖), and
all other powers enabling it in this behalf, the Government of Goa hereby empowers the
following Officers for the purposes of said sub-section (3) of section 75 of the said Act,
within their respective jurisdiction.
Jurisdiction Officers
(1) Commissioner of Commercial Taxes, (i) Whole State of Goa.
Addl. Commissioner of Commercial
Taxes, Asstt. Commissioner of
Commercial Taxes and Commercial
Tax Officer (Head Quarters)
(2) Asstt. Commissioner of Commercial (ii) Areas of Talukas of Salcete, Canacona,
Taxes Quepem & Sanguem Talukas within
the Jurisdiction of Margao Ward and
Curchorem Ward.
(3) Asstt. Commissioner of Commercial (iii) Areas of Talukas of Ponda, Tiswadi
Taxes and Mormugao Talukas within the
Jurisdiction of Panaji Ward, Ponda
Ward and Vasco-da-Gama Ward.
(4) Asstt. Commissioner of Commercial (iv) Areas of Talukas of Bardez, Pernem,
Taxes Bicholim and Satari Talukas within the
Jurisdiction of Mapusa Ward and
Bicholim Ward.
5) Commercial Tax Officers/Asstt. (v) Within the area of Ward Offices.
Commercial Tax Officers stationed
at respective Ward Offices
This Notification shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 16th August, 2005.
[Published in Official Gazette, Series II No. 19 (Extraordinary No. 4), dated 17th August, 2005].
________
Order
No. 4/5/2005-Fin(R&C)(22)
In exercise of the powers conferred by section 64 of the Goa Value Added Tax Act,
2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖), and all other powers
enabling it in this behalf, the Government of Goa hereby authorises following Officers
appointed under the said Act, to exercise the powers of the Collector under the Goa Land
Revenue Code, 1968 (Act No. 9 of 1969), for the purpose of effecting recovery of the
Manual of Goa Laws (Vol. IV) – 1144 – Value Added Tax Act and Rules
amount of tax or penalty/interest due from any dealer or person under the said Act, as
arrears of land revenue.
Officers Jurisdiction (Taluka)
(1) Asstt. Commissioner of Commercial (i) Salcete, Canacona, Quepem &
Taxes Sanguem Talukas.
(2) Asstt. Commissioner of Commercial (ii) Tiswadi, Mormugao and Ponda.
Taxes
(3) Asstt. Commissioner of Commercial (iii) Bardez, Pernem, Bicholim and Satari.
Taxes
This Order shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 16th August, 2005.
[Published in Official Gazette, Series II No. 19 (Extraordinary No. 4), dated 17th August, 2005].
________
Notification
No. 4/5/2005-Fin(R&C)(24)
In terms of the provisions of sub-section (2) of section 89 of the Goa Value Added Tax
Act, 2005 (Act 9 of 2005), and all other powers enabling it in this behalf, the Government
of Goa hereby amends the Goa Value Added Tax Deferment-cum-Net Present Value
Compulsory Payment Scheme, 2005 published in the Official Gazette (Extraordinary
No. 4), Series I, No. 53, dated 31-3-05, as follows:—
(1) Short title and commencement.— (1) This Scheme may be called the Goa Value
Added Tax Deferment-cum-Net Present Value Compulsory Payment (Amendment)
Scheme, 2005.
(2) It shall come into force at once.
(2) Amendment of clause 2.— In the Goa Value Added Tax Deferment-cum-Net
Present Value Compulsory Payment Scheme, 2005 in clause 2(A) in sub-clause (g), for
item (ii), the following item shall be substituted, namely:—
―(ii) sales tax payable under the Central Sales Tax Act, 1956 (Central Act 74 of 1956),
after adjusting the input tax credit for the tax period, available against such inter-State
sales, during the period of entitlement on the sales of goods coveted by the said
Notification and/or Government Order;‖.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp.).
Porvorim, 23rd September, 2005.
[Published in Official Gazette, Series I No 25 (Extraordinary No. 2), dated 23rd September, 2005].
Manual of Goa Laws (Vol. IV) – 1145 – Value Added Tax Act and Rules
Notification
No. 4/5/2005-Fin(R&C)(28)
Read: Notification No. 4/5/2005-Fin(R&C)(18) dated 3-8-2005, published in the
Official Gazette, (Extraordinary No. 3), Series I No.17, dated 3-8-2005.
In pursuance of entry (53) of Schedule ‗B' appended to the Goa Value Added Tax Act,
2005 (Goa Act 9 of 2005) and in continuation of the Government Notification
No. 4/5/2005-Fin(R&C)(18) dated 3rd August, 2005, published in the Official Gazette
(Extraordinary No. 3), Series I No. 17, dated 3rd August, 2005, the Government of Goa
hereby notifies additional industrial inputs and packing materials as specified in the
Schedule below, for the purposes of said entry (53), namely :—
SCHEDULE
In the said Notification, for the expression ―as defined by Information Technology
Policy of the Government of India‖, the expression ―as notified by the Government for
the purpose of entry (54) of Schedule ―B‖ appended to the Goa Value Added Tax Act,
2005 (Goa Act 9 of 2005)‖ shall be substituted.
This Notification shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Shrikant M. Polle, Under Secretary (Fin. Exp).
Porvorim, 8 th August, 2006.
________
Notification
4/5/2005-Fin(R&C)(34)
In exercise of the powers conferred by sub-section (4) of section 5 of the Goa Value
Added Tax Act, 2005 (Act 9 of 2005) (hereinafter called the ―said Act‖), and all other
powers enabling it in this behalf, the Government of Goa hereby amends Schedules ‗B‘,
‗C‘ and ‗E‘ appended to the said Act, as follows, namely:—
(i) In Schedule ‗B‘ appended to the said Act.— After entry at serial number (103), the
following entry shall be inserted, namely:—
―(104) Ready mixed concrete‖;
(ii) In Schedule ‗C‘ appended to the said Act.— Against serial number (10), in column
(2), for the expression ―Naphta‖, the expression ―Naphta other than used as raw material
by chemical fertilizer industry‖ shall be substituted;
(iii) In Schedule ‗E‘ appended to the said Act, after entry at serial number (5), the
following entry shall be inserted, namely:—
―(6) Starred category of hotel serving food, alcoholic and Rs. 50 lakhs 10%‖.
non-alcoholic beverages other than importer.
This notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
S. Shanbhouge, Jt. Secretary (Budget).
Porvorim, 1st September, 2006.
Manual of Goa Laws (Vol. IV) – 1147 – Value Added Tax Act and Rules
Notification
4/5/2005-Fin(R&C)(35)
In exercise of the powers conferred by sub-section (s) of section 2 of the Goa Value
Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖),
and all other powers enabling it in this behalf, the Government of Goa hereby notifies
the activities of manufacture not included for the purposes of sub-section (s) of section
2 of the said Act, namely:—
1. The decorticating, colouring, scenting, boiling, cutting, crushing or roasting of
betelnuts;
2. The blending of different varieting of teas;
3. Preparing of patravalis and dronas from leaves;
4. 4. The treading of iron pipes including galvanized pipes;
5. The roasting or grinding of coffee and/or chicory seeds;
6. Cutting of paper from reels into reams;
7. Conversion of milk into khoa;
8. Dismantling of old motor vehicles and plant & machinery;
9. Poultry farming/piggery;
10. Making of garlands and bouquets from fresh flowers;
11. The roasting or salting, colouring of grams, groundnuts, cashew kernels, cereals and
pulses;
12. Making of sweetment including peddas and item of farsan.
________
Notification
No. 4/5/2005-Fin(R&C)(36)
In exercise of powers conferred by clause (b) of sub-section (2) of section 5 of the
Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the
―said Act‖), and all other powers enabling it in this behalf, the Government of Goa
hereby amends the Government Notification No. 4/5/2005-Fin(R&C)(19) dated
16-8-2005, published in the Official Gazette (Extraordinary No. 4) Series II No. 19,
dated 17-8-2005 (hereinafter called the said Notification), as follows:—
Manual of Goa Laws (Vol. IV) – 1148 – Value Added Tax Act and Rules
In the said Notification, after condition (2), the following condition (3) shall be
added, namely:—
―(3) This benefit shall not be extended in respect of sale of diesel, furnace oil or
other petroleum products used for captive power generation or otherwise‖.
This notification shall come into force with immediate effect.
______
Order
4/5/2005-Fin(R&C)(37)
Delegation of Powers : Fixing Monetary limit
In exercise of the powers vested under rule 31 of Goa Value Added Tax Rules,
2005, the Government of Goa hereby specifies rupees twenty five lacs and above of the
disputed amount, as the monetary limit, where the appeal shall lie with the Additional
Commissioner of Commercial taxes.
This order shall come into force from the date of its publication in the Official Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary (Fin. Budget-I).
Porvorim, 7th September, 2006.
[Published in Official Gazette, Series I No. 23, (Extraordinary No. 2) dated 7th September, 2006 ].
________
Notification
4/5/2005-Fin(R&C)(44)
In pursuance of entry (54) of the Schedule ‗B‘ appended to the Goa Value Added Tax
Act, 2005 (Goa Act 9 of 2005) and in supersession of the Government Notifications
No. 4/5/2005-Fin(R&C)(10) dated 31-3-2005, published in the Official Gazette,
(Extraordinary No. 3) Series II No. 31, dated 31-3-2005 and No. 4/5/2005-Fin (R&C)(27)
dated 31-3-2006, published in the Official Gazette (Extraordinary) Series II No. 52,
dated 31-3-2006, the Government of Goa hereby notifies the Information Technology
Products, as specified in the Annexure herebelow, for the purposes of said entry (54),
namely:—
Manual of Goa Laws (Vol. IV) – 1149 – Value Added Tax Act and Rules
ANNEXURE
1 2 3
37) 8473 21 00 Parts and accessories of the machines heading 8470 10, 8470 21, or
8471 29.
38) 8473 30 10 Microprocessors.
39) 8473 30 20 Motherboards.
40) 8473 30 30 Other mounted printed circuit boards.
41) 8473 30 40 Head stack.
42) 8473 30 91 Network access controllers.
43) 8473 30 92 Graphic and Intelligence based Script Technology (GIST) card for
multilingual computers.
44) 8473 30 99 Other.
45) 8501 10 11 Micro meter of output not exceeding 37.5 W.
46) 8501 10 12 Steeper motor of output not exceeding 37.5 W.
47) 8503 00 10 Parts of heading 8501 10 11 and 8501 10 12.
48) 8504 40 10 Uninterrupted Power Supplies (UPS).
49) 8505 11 10 Peramanent magnets and articles intended to become permanent
magnets. (ferrite cores).
50) 8517 11 00 Line telephone sets with cordless handsets, of push button type.
51) 8517 19 00 (i) Telephone sets of push button type and rotary dial type.
(ii) Video phones.
52) 8517 21 00 Facsimile machines.
53) 8517 22 00 Teleprinters.
54) 8517 30 00 Telephonic or telegraphic switching apparatus.
55) 8517 50 10 PLCC equipments.
56) 8517 50 20 Voice frequency telegraphy.
57) 8517 50 30 Modems (modulators-de-modulators).
58) 8517 50 40 High bit rate Digital Subscriber Line system (HDSL)
59) 8517 50 50 Digital Look Carrier system (DLC).
60) 8517 50 60 Synchronous Digital Hierarchy system (SDH).
61) 8517 50 70 Multiplexer, statistical multiplexer.
62) 8517 50 91 ISDN Terminals.
63) 8517 50 92 ISDN Terminal adopters.
64) 8517 50 93 Routers.
65) 8517 50 94 X 25 pads.
66) 8517 80 10 Attachments for telephones.
67) 8517 80 20 Subscriber and equipments.
68) 8517 80 30 Set top boxes for gaining excess to the internet.
69) 8517 80 90 Other apparatus covered by this sub-heading 8517.80.
70) 8517 90 10 Populated loaded or stuffed printed circuit boards.
71) 8518 10 00 Microphones and stand thereof.
72) 8518 30 00 Headphones, earphones whether or not combines with microphones
and speaker set.
73) 8519 00 00 Turntables (record-decks), record players, cassette-player and other
sound reproducing apparatus, not incorporating a sound recording
device.
8519 00 00 Coin or disc-operated record-players.
Manual of Goa Laws (Vol. IV) – 1151 – Value Added Tax Act and Rules
1 2 3
8519 20 00 Other record-players.
8519 30 00 Turntables (record-decks).
8519 40 00 Transcribing machines.
8519 90 00 Other sound reproducing apparatus.
8519 99 00 Other.
8519 99 40 MP3 players.
74) 8523 11 00 Magnetic tapes of width not exceeding 4mm for recording sound and
phenomena other than sound, including audio cassettes, video cassettes
and other video magnetic tape including those in hubs and reels, rolls,
pancakes and jumbo rolls.
75) 8523 12 00 Magnetic tapes of width exceeding 4mm but not exceeding 6.5mm for
recording sound and phenomena other than sound, including audio
cassettes, video cassettes and other video magnetic tape including those
in hubs and reels, rolls, pancakes and jumbo rolls.
76) 8523 13 00 Magnetic tapes of width exceeding 6.5 mm for recording sound and
phenomena other than sound, including audio cassettes, 16 mm
sprocket tapes, ¾‖ and 1‖video cassettes, ½‖ video cassettes suitable to
work with betacam, betacam SP/M II I and VHS type VCR, ¾‖ video
tapes, 1‖ video tapes and other video tapes.
77) 8523 20 00 Magnetic discs including hard discs pack, floppy disc or diskettes and
other magnetic disc.
78) 8523 30 00 Cards incorporating a magnetic strips.
79) 8523 80 20 Information technology software.
80) 8523 90 00 Matrices for the production of records, prepared record blanks
cartridges tape, ½‖ video cassettes suitable to work with digital type
VCR, unrecorded compact disc (Audio), compact discs recordable
blank Master Disc – (i.e. substrate) for producing stamper for compact
disc and other prepared unrecorded media.
81) 8524 31 00 Disc for reproducing phenomena other than sound or image including
software.
82) 8524 32 00 Disc for reproducing sound only including recorded audio compact
discs.
83) 8524 39 00 Other discs including video compact discs of educational nature.
84) 8524 40 00 Magnetic tapes for reproducing phenomena other than sound or image.
85) 8524 51 00 Other magnetic tapes of a width not exceeding 4 mm.
86) 8524 52 00 Other magnetic tape of a width exceeding 4 mm but not exceeds 6.5
mm.
87) 8524 53 00 Other magnetic tapes of a width exceeding 6.5 mm.
88) 8524 60 00 Cards incorporating a magnetic stripe.
89) 8524 91 00 Other media for reproducing phenomena other than sound or image;
softaware.
90) 8524 99 00 Other recorded media including audio-visual news or audio visual
views material.
91) 8525 20 00 Transmission apparatus incorporating reception apparatus including
walkie talkie set, cordless handsets, car telephone, transportable
telephone, marine radio communication equipment, amateur radio
equipments and cellular telephone.
Manual of Goa Laws (Vol. IV) – 1152 – Value Added Tax Act and Rules
1 2 3
92) 8525 20 17 cellular phones.
93) 8525 20 19 CDMA phones.
94) 8525 80 20 Digital cameras.
95) 8528 41 00 Cathode ray tube monitors of a kind solely or principally used in an
automatic data processing systems of heading.
96) 8528 51 00 Monitors of a kind solely or principally used in an automatic data.
97) 8528 61 00 Projectors of a kind solely or principally used in an automatic data
processing system.
98) 8529 10 19 Antenna.
99) 8531 20 00 LCD Panels, LED Panels and parts thereof.
100) 8532 24 00 Ceramic dielectric, single layer capacitors.
101) 8533 10 00 Electrical resistors.
102) 8534 00 00 Printed circuits.
103) 8536 10 20 Switches, connectors and relays for upto 5 amps at voltage not
exceeding 250 volts.
104) 8540 11 20 Data/graphic display tunes, TV tuner card other than TV picture tubes.
105) 85 38 000 Parts suitable for use solely or principally with the apparatus of heading
8536.
106) 8541 10 00 Diodes, other than photosensitive or light emitting diodes.
107) 8541 21 00 Transistor, other than photo sensitive transistors with a dissipation rate
of less than 1W.
108) 8541 29 00 Other transistors.
109) 8541 30 00 Thyristors, diacs and triacs, other than photosensitive devices.
110) 8541 90 00 Parts of goods covered by heading 8141.
111) 8542 10 00 Cards incorporating an electronic integrated circuits (―smart‖ cards),
including sim cards and memory cards, I POD.
112) 8542 21 00 Digital monolithic integrated circuits.
113) 8542 29 00 Other monolithic integrated circuits including cards incorporating only
a single electronic integrated circuit with optical strip.
114) 8542 60 00 Hybrid integrated circuits.
115) 8542 90 00 Parts of goods covered by heading 8542.
116) 8544 49 19 Telephone cables.
117) 9001 10 00 Optical fibre cables and optical fibre bundles and cables.
118) 9030 40 00 Cathode ray oscilloscopes, spectrum analysers, cross-talk meters, gain
measuring instruments, distortion factor, psophometers, network and
logic analyzer and signal analyzer.
119) 9612 10 10 Computers printers ribbon.
Note:
1) The Rules for the interpretation of the provisions of the Central Excise Tariff Act, 1985
(Central Act 5 of 1986) read with the Explanatory Notes as updated from time to time
published by the Customs Co-operation Council, Brussels, shall apply for the
interpretation of this Notification.
2) Where, any commodities are described against any heading or sub-heading or as the case
may be, tariff item, and the aforesaid description is different in any manner from the
Manual of Goa Laws (Vol. IV) – 1153 – Value Added Tax Act and Rules
corresponding description in the said Central Excise Tariff Act, 1985, then, only those
commodities described as aforesaid will be covered by the scope of this Notification and
other commodities, though covered by the corresponding description in the said Central
Excise Tariff Act, 1985, will not be covered by the scope of this Notification.
3) Subject to Note (2) above, for the purpose of any entry contained in this Notification,
where the description against any heading or sub-heading, or as the case may be, tariff
item, matches fully with the corresponding description in the said Central Excise Tariff
Act, 1985, then all the commodities covered for the purposes of the Central Excise Tariff
under that Act, will be covered by the scope of this Notification.
4) Where the description against any heading or sub-heading or, as the case may be, tariff
item is shown as ―other‖, then the interpretation as provided in Note (2) above shall
apply.
This Notification shall come into force from the date of it‘s publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Finance (R&C).
Porvorim, 7th December, 2007.
_______
Notification
No. 4/5/2005-Fin(R&C)(45)
In exercise of the powers conferred by sub-section (5) of section 8 of the Central Sales
Tax Act, 1956 (Central Act 74 of 1956) (hereinafter referred to as the ―said Act‖), and in
supersession of the Government Notification No. 4/5/2005-Fin(R&C) (39) dated
30-3-2007, published in the Official Gazette Extraordinary No. 3 Series II No. 52, dated
30-3-2007, the Government of Goa, being satisfied that it is necessary so to do in the
public interest, hereby directs that the tax payable under the said Act by any dealer having
his place of business in the State of Goa, in respect of sales effected by him in the course
of Inter-State trade or commerce from such place of business of Information Technology
Products as notified by the Government vide Government Notification No. 4/5/2005-
-Fin(R&C)(44) dated 7-12-2007 published in the Official Gazette, (Extraordinary No. 3),
Series II No. 36, dated 10-12-2007, for the purpose of Entry (54) of Schedule ‗B‘
appended to the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005), shall be calculated
at the rate of 0.25% of his turnover, in so far as the turnover or any part thereof relates to
such sales, subject to production of declaration in Form ‗C‘ specified under the Central
Sales Tax (Registration and Turnover) Rules, 1957.
This notification shall come into force from the date of it‘s publication in the Official
Gazette.
Notification
4/5/2005-Fin(R&C)(47)
Read: (i) Government Notification No. 4/5/2005- Fin(R&C)(18) dated 3-8-2005.
(ii) Government Notification No. 4/5/2005-Fin(R&C)(28) dated 31-3-2006.
In pursuance of entry (53) of the Schedule ‗B‘ appended to the Goa Value Added Tax
Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖), and in
continuation of the Government Notification No. 4/5/2005-Fin(R&C)(28) dated
31-3-2006, published in the Official Gazette (Extraordinary No. 3) Series I No. 52 dated
31-3-2006 the Government of Goa hereby notifies additional industrial inputs and
packing materials as specified in the Schedule below, for the purposes of the said entry
(53), namely:—
SCHEDULE
Sr. No. HSN Heading HSN Sub-Heading Description of goods
1 2 3 4
320 2102 — Yeast in all forms
321 1517 90.90 Cake gel (cake improver)
322 3703 10.10 Photographic paper (unexposed)
323 3702 42.90 Graphic Art film
This Notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Fin(R&C).
Porvorim, 14th January, 2008.
______
Notification
4/5/2005-Fin(R&C)(48)
In pursuance of entry (106) of the Schedule ‗B‘ appended to the Goa Value
Added Tax Act, 2005 (Goa Act 9 of 2005), the Government of Goa hereby notifies the
environment friendly re-cycled products, as specified in the schedule hereto for the
purposes of the said entry (106), namely:—
SCHEDULE
Sr. No. HSN Code Description of items
1. — Waste gases produced as bye-products by industries such as steel, coke,
chemicals, chemical; fertilizers, pig iron, sponge iron, manufacturing
units.
2. — Non-degradable plastics including granules, scrap and articles of plastics.
3. — Waste materials other then molasses produced by Sugar Industries, which
are used as industrial inputs in the manufacture of other consumer
products.
4. — Mining rejections used in road constructions or development of sites.
5. — Wastes of blast furnaces of steel melting units.
Manual of Goa Laws (Vol. IV) – 1155 – Value Added Tax Act and Rules
This Notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Fin(R&C).
Porvorim, 14th January, 2008.
______
Notification
No. 4/5/2005-Fin(R&C)(53)
Read: 1) Government Notification No. 4/5/2005-Fin(R&C)(4) dated 31st March,
2005, published in the Official Gazette (Extraordinary No. 3), Series II
No. 53, dated 31-3-2005.
2) Government Notification No. 4/5/2005-Fin(R&C)(51) dated 28-4-2008,
published in the Official Gazette (Extraordinary No. 3), Series II No. 4,
dated 29-4-2008.
Whereas, in exercise of the powers conferred by sub-section (2) of section 6 of the Goa
Value Added Tax Act, 2005, the Government vide Notification No. 4/5/2005-
Fin(R&C)(4) dated 31-3-2005 published on page 1329 of Series II No. 53 of the Official
Gazette dated 31-3-2005 has exempted the subsequent sales in respect of the goods
mentioned in the Annexure to the said Notification from payment of output tax for a
period of three years subject to the conditions mentioned therein.
And whereas, the said period of three years expired on 31-3-2008.
And whereas, the Government felt the necessity of extending the same exemptions
beyond the period of three years granted initially from 1-4-2005 till 31-3-2008 for another
three years effective from 1-4-2008.
Now, therefore, in exercise of the powers conferred by sub-section 2 of section 6 of the
Goa Value Added Tax Act, 2005 (Act 9 of 2005) (hereinafter referred to as the ―said
Act‖) and all other powers enabling it in this behalf, the Government of Goa hereby
exempts subsequent sales in respect of the goods mentioned in the Schedule hereto from
payment of output tax for a period of another three years w.e.f. 1-4-2008 subject to the
following conditions:
(1) The goods should be purchased from a registered dealer within the State.
(2) The subsequent dealer claiming such exemption shall be registered under the said
Act.
(3) Proof of payment of tax at the first point of sale on such goods shall be adduced to
the satisfaction of the Appropriate Assessing Authority.
SCHEDULE
(1) Aviation spirit, aviation turbine fuel and A.V. Gas other than covered by entry 34 of
Schedule ‗B‘, appended to the said Act.
(2) High Speed Diesel Oil (HSD).
Manual of Goa Laws (Vol. IV) – 1156 – Value Added Tax Act and Rules
[Published in Official Gazette, Series II No. 12 (Extraordinary No. 2) dated 23rd June, 2008].
________
Notification
4/5/2005-Fin(R&C)(55)
In pursuance of entry (2) of Schedule ‗D‘ appended to the Goa Value Added Tax Act,
2005 (Act 9 of 2005), the Government hereby notifies the Aids and Implements used by
the Handicapped Persons as specified in the Schedule below, for the purpose of the said
entry (2), namely:—
SCHEDULE
This Notification takes effect from the date of its publication in the Official Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Finance (R&C).
Porvorim, 6th October, 2008.
[Published in Official Gazette, Series I No. 28 dated 10th October, 2008].
________
Notification
No. 4/5/2005-Fin(R&C)(59)
In exercise of the powers conferred by sub-section (4) of section 6 of the Goa Value
Added Tax Act, 2005 (Act 9 of 2005) (hereinafter referred as to the ―said Act‖), and all
other powers enabling it in this behalf, the Government of Goa hereby exempts the sales
inter-se dealers as specified in the ‗Annexure‘ hereto, from levy and payment of output
tax, in respect of goods specified in the Schedule ‗G‘ appended to the said Act, when
effected within the State, subject to the following conditions, namely:—
1) The selling and purchasing dealer shall hold valid registration certificates issued
under the said Act.
2) The purchasing dealer shall issue to the selling dealer a declaration in ‗Form B‘as
appended to this Notification. The ‗Form B‘, shall be prepared in quadruplicate, of
which two copies—original and duplicate, shall be given to the selling dealer, of
which, original copy, shall be supported by the selling dealer to his quarterly return
to claim the exemption. The purchasing dealer shall furnish the triplicate copy of
the ‗Form B‘ to the office of the Commissioner quarterly, indicating such
purchases.
3) The sales effected under this Notification shall not attract the provision of sub-
-section (2) of section 6 of the said Act or any other Notification issued under the
Manual of Goa Laws (Vol. IV) – 1158 – Value Added Tax Act and Rules
said provision and the goods purchased against declaration in ‗Form B‘ shall be
liable to pay tax as specified in the Schedule ‗C‘ appended to the said Act.
4) The sales should be effected through ‗Tax Invoices‘ only. The reference of this
Notification should be indicated in the tax invoice, to claim exemption from output
tax.
5) Declaration in ‗Form B‘ should be issued independently for each transaction.
6) The goods purchased under this Notification are exclusively for resale and not for
consumption, either as raw material or for any other use.
1. Original
2. Duplicate
3. Triplicate
4. Quadruplicate
_______
Form B
Read: Government Notification No. 5/4/2005-Fin(R&C) ( ) dated / /2009.
Name and Address of the Purchasing dealer:...................................................................
................................................................................................................................................
................................................................................................................................................
Tin: ........................................................... Date of purchase: ...............................................
It is hereby declared that we have purchased on this date, from M/s. ..............................
.................................................................................... Address: ..........................................
Tin: ..................................... the following goods for resale, vide their Tax Invoice No.
...................... dated ............................ for Rs. ...................... (Rupees .................................
………………………………………………….only).
Classification of Goods
For M/s.
Date: Authorized Signatory
Annexure
1) Indian Oil Corporation Limited.
2) Hindustan Petroleum Corporation Limited.
Manual of Goa Laws (Vol. IV) – 1159 – Value Added Tax Act and Rules
This Notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Fin. (R&C).
Porvorim, 9th February, 2009.
_______
Notification
No. 4/5/2005-Fin(R&C)(60)
Read: Government Notification No. 4/5/2005-Fin(R&C)(5) dated 31-03-2005
published in Official Gazette (Extraordinary No. 3), Series II No. 53 dated
31-03-2005.
In exercise of the powers conferred by sub-section (3) of section 6 of the Goa Value
Added Tax Act, 2005 (Act 9 of 2005) (hereinafter called the ―said Act‖) and in
supersession of the Government Notification No. 4/5/2005-Fin(R&C)(5) dated
31-03-2005, published in the Official Gazette, (Extraordinary No. 3), Series II No. 53,
dated 31-03-2005, the Government of Goa hereby allows input tax credit in excess of the
rate of tax specified in sub-section (1) of section 8 of the Central Sales Tax Act, 1956
(Central Act 74 of 1956) on goods other than capital goods and such other goods as
specified in Schedule ‗G‘ appended to the said Act, or in sub-section (2) of section 9 of
the said Act, purchased within the State, and used in the manufacturing or processing of
finished products and which are dispatched outside the State other than by way of sales,
subject to the following conditions namely:—
(1) The dealer shall be registered under the said Act.
(2) The dispatches shall be supported by the declaration in ‗Form F‘ as prescribed in
the Central Sales Tax (Registration and Turnover) Rules, 1957, framed under the Central
Sales Tax Act, 1956 (Central Act 74 of 1956).
(3) The purchases shall be supported with Tax Invoices.
This Notification shall come into force with effect from the date of its publication in
the Official Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Fin. (R&C).
Porvorim, 9th February, 2009.
[Published in Official Gazette, Series II No. 46 dated 12th February, 2009].
Manual of Goa Laws (Vol. IV) – 1160 – Value Added Tax Act and Rules
Notification
4/5/2005-Fin(R&C)(63)
In pursuance of entry (79) of the Schedule ‗B‘ appended to the Goa Value Added Tax
Act, 2005 (Goa Act 9 of 2005) and all other powers enabling it in this behalf, the
Government of Goa hereby notifies the renewable energy devices and spare parts as
specified in the Schedule hereinbelow for the purpose of the said entry (79), namely:—
SCHEDULE
This Notification shall come into force from the date of its publication in the Official
Gazette.
By order and in the name of the Governor of Goa.
Vasanti H. Parvatkar, Under Secretary, Finance (R&C).
Porvorim, 7th July, 2009.
[Published in Official Gazette, Series I No. 15 (Extraordinary) dated 9th July, 2009].
_______
Notification
No. 4/5/2005-Fin(R&C)(69)
In exercise of the powers conferred by sub-section (2) of Section 13 of the Goa Value
Added Tax Act, 2005 (Act 9 of 2005) (hereinafter referred to as the ―said Act‖), the
Government of Goa hereby appoints the persons mentioned in column (2) of the Schedule
annexed hereto (hereinafter called as the ―said Schedule‖) and give them the designations
as specified in the corresponding entry in column (3) of the said Schedule, for carrying
out the purposes of the said Act, with effect from the date of their joining the post as
indicated in column (4) against their names.
SCHEDULE
Sr. Name of the officer/official Designation Date of joining
No. the post
1 2 3 4
1 2 3 4
1 2 3 4
53) Shri Menino Fernandes Commercial Tax Inspector 22-04-2008
Notification
No. CCT/12-1/08-09/01
In exercise of powers conferred by Section 84 of Goa Value Added Tax Act, 2005
(Act 9 of 2005) (hereinafter referred as the ―Said Act‖), I, Shri Vallabh K. Kamat,
Commissioner of Commercial Taxes, hereby amend the Notification No. CST/04-
-06/VC(9)/2004-05/3 dated 31-03-2005 (hereinafter referred as ―the Said Notification‖)
published in the Extraordinary No. 2, Official Gazette No. 53 Sr. II dated 31-03-2005 as
follows:
In the Said Notification, for the expression ―within a period of 30 days from the
appointed date‖, the expression ―within a period of 3 months from the appointed day‖
shall be substituted.
Notification
CCT/12-1/08-09/04
In exercise of the powers conferred by the third proviso to sub-section (3) of section 29
of Goa Value Added Tax Act, 2005 (Act 9 of 2005) (hereinafter referred to as the ―said
Act‖) I, Shri Vallabh K. Kamat, Commissioner of Commercial Taxes, Government of
Goa, hereby extend the period of assessment for the financial year 2005-06 by one year
effective from 1st April, 2008. All assessments for the year 2005-06 shall accordingly be
completed on or before 31st March, 2009.
Notification
CCT/12-1/08-09/06
In exercise of the powers conferred by the third proviso to sub-section (3) of Section
29 of the Goa Value Added Tax Act, 2005 (Act 9 of 2005) (hereinafter referred to
as the ―said Act‖) I, Shri Vallabh K. Kamat, Commissioner of Commercial Taxes,
Government of Goa, hereby extend the period of assessment for the financial year 2006-
07 by one year with effect from 1st April, 2009. All assessments for the year 2006-07
shall accordingly be completed on or before 31st March, 2010.
Vallabh K. Kamat, Commissioner of Commercial Taxes.
Panaji, 30th March, 2009.
_______
Order
No. CCT/12-2/2009-10/002
In exercise of the powers delegated to me vide proviso to sub-rule (1) of Rule 23 of
Goa VAT Rules, 2005, the last date for filing of quarterly returns for the quarter ending
31st March, 2009, ―as a special case‖ has been extended upto 20th May, 2009.
Accordingly, all the assesses registered under Goa VAT Act, 2005 (Act 9 of 2005) either
as regular dealer or as composition dealer are required to file their quarterly returns for
the quarter ending 31-3-2009 on or before 20th May, 2009; failure to file returns within
the extended time shall attract penalties as provided in Section 55 of the said Act.
Vallabh K. Kamat, Commissioner of Commercial Taxes.
Panaji, 30th April, 2009.
______
Order
No. CCT/12-15/2007-08/1929
In pursuance of sub-rule (2) of Rule 52 of The Goa Value Added Tax Rules, 2005
(hereinafter referred to as the ―said rules‖), I, Shri Vallabh K. Kamat, Commissioner of
Commercial Taxes, hereby nominates the Commercial Tax Officers of Panaji Ward and
Margao Ward, as Appropriate Assessing Authorities, for the Wards coming under
jurisdiction of North Goa District and South Goa District, respectively, with immediate
effect, for the purposes of non-resident dealers.
Vallabh K. Kamat, Commissioner of Commercial Taxes.
Panaji, 12th December, 2007.
Manual of Goa Laws (Vol. IV) – 1165 – Value Added Tax Act and Rules
Notification
No CST/04-06/VC(9)/2004-05/3
In exercise of the powers conferred by section 84 of the Goa Value Added Tax Act,
2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖), I, Shri Amit Yadav,
Commissioner, hereby requires that all the registered dealers, other than those who have
opted for the composition of tax under section 7 of the said Act, declare the details
regarding the stock of goods held by them on 31-3-2005 at the close of the day, in the
format appended hereto, within a period of 30 days from the appointed day, to the
Appropriate Assessing Authority.
The stock details to be shown in the format should be only out of the purchases which
are made from a dealer registered under the earlier law within the State, during the period
preceding one year from the appointed day and which are supported by respective
purchase bills/invoices.
This Notification shall come into force with effect from 1St April, 2005.
Panaji, 31st March, 2005.
Sd/-
(Amit Yadav)
Commissioner of Commercial Taxes
2. Full Name of
Dealer and address
5. Verification
Place
Date
Day Month Year
______
ANNEXURE II
(i) Details of Trading Stock as on 1st April, 2005 and tax borne thereon. (See instruction at
Annexure II)
Tax
Supplier‘s Tax calculated
Sr. Date of Invoice Value
Supplier‘s Name Registration Borne at lower
No. purchase No. (Rs.)
No. (Rs.) rate*
(Rs.)
1 2 3 4 5 6 7 8
Total
Purchase
value Tax
90%
Supplier‘s exclusive calculated
Sr. Date of Invoice Supplier‘s Value of
Registration of tax at lower
No. purchase No. Name (Rs.) Value
No. based on rate*
(Rs.)
formula (Rs.)
(Rs.)
1 2 3 4 5 6 7 8 9
(ii) Details of Raw Material as on 1st April, 2005 and tax borne thereon. (See instruction at
Annexure II)
Total
* Carry total of Column 8 to main form to (3)(ii).
Total
iv. Verification
I/We _____________________________________ hereby solemnly affirm and declare that the
information given hereinabove is true and correct to the best of my/our knowledge and belief
and nothing has been concealed therefrom.
Signature of Authorised Signatory
____________________________________
Full Name
________________________________
Designation
________________________________________________
Place
Date
Day Month Year
Manual of Goa Laws (Vol. IV) – 1170 – Value Added Tax Act and Rules
Order
No. CST/04-06/VC/(9)/2004-05/2
In exercise of the powers conferred by rule 47 of the Goa Value Added Tax Rules,
2005 (hereinafter referred to as the ―said Rules‖), I, Shri Amit Yadav, the Commissioner,
hereby delegate the powers specified in columns (2) and (3) of the First Schedule
appended to the said Rules (hereinafter referred to as the ―said Schedule‖), to the Officers
specified in the corresponding entries in column (4) of the said Schedule, with effect from
1st April 2005, until further orders.
Panaji, 31st March, 2005.
Sd/-
(Amit Yadav)
Commissioner of Commercial Taxes
_______
Notification
No CST/04-06/VC(9)/2004-05/3
In exercise of the powers conferred by section 84 of the Goa Value Added Tax Act,
2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said Act‖), I, Shri Amit Yadav,
Commissioner, hereby requires that all the registered dealers, other than those who have
opted for the composition of tax under section 7 of the said Act, declare the details
regarding the stock of goods held by them on 31-3-2005 at the close of the day, in the
format appended hereto, within a period of 30 days from the appointed day, to the
Appropriate Assessing Authority.
The stock details to be shown in the format should be only out of the purchases which
are made from a dealer registered under the earlier law within the State, during the period
preceding one year from the appointed day and which are supported by respective
purchase bills/invoices.
This Notification shall come into force with effect from 1St April, 2005.
Panaji, 31st March, 2005.
Sd/-
(Amit Yadav)
Commissioner of Commercial Taxes
________
Office of the Commissioner of Commercial Taxes
Government of Goa
—
FORMAT FOR STOCK DETAILS
(See Rule 8 of the Goa Value Added Tax Rules, 2005)
Statement of Tax paid Stock in hand on April 1, 2005.
1. Registration No. (TIN)
2. Full Name of
Dealer and address
Manual of Goa Laws (Vol. IV) – 1171 – Value Added Tax Act and Rules
5. Verification
I/We _____________________________________ hereby solemnly affirm and declare that
the information given hereinabove is true and correct to the best of my/our knowledge and
belief and nothing has been concealed therefrom. Further certified that the particulars indicated
above are the correct version of the documents, which are in my/our possession and can be
produced before the Commercial Tax Department on demand.
Signature of Authorised Signatory
________________________________________________
Full Name
________________________________________________
Designation
________________________________________________
Place
Date
Day Month Year
ANNEXURE II
5. The goods in the stock should have borne tax at first point of sale under Goa Sales Tax
Act, 1964.
6. The tax credit on the stock cannot be claimed:
- for finished goods manufactured out of tax paid raw material or capital goods;
7. The dealer should claim the entire amount of credit to which he is entitled in a single
statement.
How Much Transitional Stock Credit Can You Claim?
If you hold sale invoices for the opening stock, issued by a person who was registered under the
Goa Sales Tax Act, 1964 and which separately indicates the amount of GST paid on the goods
then you may claim a credit of the amount of tax disclosed on the sale invoices. However if the
rate of tax on same goods under the Goa Value Added Tax Act is lower than the Goa Sales Tax
Act, then such lower rate will be applicable.
But if the GST amount has not been separately indicted on the sale invoice, you will only be
entitled to a notional credit calculated on the value of stock exclusive of tax by reducing the same
by ten per cent. and then applying the following formula and calculating the tax at the rate under
Goa Sales Tax Act or Goa Value Added Tax Act whichever in lower.
A = B x 100
100 + R
ANNEXURE I
—
st
(i) Details of Trading Stock as on 1 April, 2005 and tax borne thereon. (See instruction at
Annexure II)
(a) In case where tax is separately shown in purchase invoices:
Total
Manual of Goa Laws (Vol. IV) – 1173 – Value Added Tax Act and Rules
Purchase Tax
90%
Supplier‘s value calculated
Sr. Date of Invoice Supplier‘s Value of
Registration exclusive of at lower
No. purchase No. Name (Rs.) Value
No. tax based on rate*
(Rs.)
formula (Rs.) (Rs.)
1 2 3 4 5 6 7 8 9
Total
* Carry total of Column 8 to main form to (3)(ii).
(b) In case where purchase price is shown inclusive of tax:
Purchase
90% Tax
Supplier‘s value
Sr. Date of Invoice Supplier‘s Value of calculated
Registration exclusive of
No. purchase No. Name (Rs.) Value at lower
No. tax based on
(Rs.) rate* (Rs.)
formula (Rs.)
1 2 3 4 5 6 7 8 9
Total
*Carry total of Column 8 to main form to (3)(iii).
Manual of Goa Laws (Vol. IV) – 1174 – Value Added Tax Act and Rules
Place
Date
Day Month Year
_______
Order
No. CCT/04-06/VC (9)2005-06/4 dtd. 16-8-05
Authorised Officers for Checking
In exercise of the powers conferred by clause (b) of sub-section (2) of Section 75 of the
Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the ―said
Act‖), I Amit Yadav, the Commissioner of Commercial Taxes, hereby authorize the
following Officers for the purposes of said clause (b) of sub-section (2) of Section 75 of the
said Act.
Officers Jurisdiction over checkpost
1. Commercial Tax Officer, Margao Ward Pollem
2. Commercial Tax Officer, Mapusa Ward Patradevi & Naibag
3. Commercial Tax Officer, Bicholim Ward Dodamarg & Anjunem
4. Commercial Tax Officer, Curchorem Ward Molem