section 9
C = The amount of the tax credit.
The Arunachal Pradesh Goods Tax Act, 2005Tax2005105 sections
Statutory text
Tax credit
- (1) Entitlement to tax credit. Subject to sub- section (2), a dealer who is registered or is required to be registered shall be entitled to a tax credit on the turnover of purchases arising during the tax period and for all imports of goods made during the tax period in the course of his activities as a dealer which are to be used directly or indirectly by him for the purpose of making:
- (a) sales which are liable to tax under section 3 of this Act; and
- (b) sales which are not liable to tax under section 7. Explanation. Sales which are not liable to tax under section 7 involve exports from Arunachal Pradesh whether to other States or Union Territories, or to foreign countries.
- (2) No tax credit shall be allowed —
- (a) in the case of the purchase of goods, for goods purchased from a person who is not a registered dealer;
- (b) for the purchase or import of non-creditable goods;
- (c) for the purchase or import of goods which are to be incorporated into the structure of a building;
- (d) for goods purchased from a registered dealer who has elected to use a simplified accounting method; or
- (e) to the dealers or class of dealers specified in the Fifth Schedule.
- (3) Amount of tax credit. The amount of the tax credit to which a dealer is entitled in respect of the purchase or import of goods and for which a credit is allowed under sub-section
- (1) is the amount of input tax arising in the tax period reduced in the manner described in sub-sections
- (4) and (6).
- (4) Where a dealer has purchased or imported goods and the goods are to be used partly for the purpose of making the sales referred to in sub-section
- (1) and partly for other purposes, the amount of the tax credit shall be reduced proportionately.
- (5) The method used by a dealer to determine the extent to which the goods are used in the manner specified in sub-section (4), shall be fair and reasonable in the circumstances. The Commissioner may:
- (a) prescribe methods for calculating the amount of tax credit or the amount of any adjustment or reduction of a tax credit in certain instances; and
- (b) after giving reasons in writing, reject the method adopted by the dealer and calculate the amount of tax credit. Explanation: A person may object in the manner referred to in section 75 to a decision of the Commissioner to reject a method of calculating a tax credit.
- (6) Where
- (a) a dealer has purchased or imported goods for which a tax credit arises under sub-section (1);
- (b) the goods are to be exported from Arunachal Pradesh by way of transfer to a —
- (i) non-resident consignment agent; or
- (ii) non-resident branch of the dealer; and
- (c) the transfer will not be by way of a sale made in Arunachal Pradesh; the amount of the tax credit shall be reduced by the prescribed percentage.
- (7) For the removal of doubt, no tax credit shall be allowed for
- (a) purchases of goods from an unregistered dealer;
- (b) purchases of goods made in the course of interstate trade and commerce; or
- (c) purchases or imports of goods which are used exclusively for the manufacture, processing or packing of goods specified in the First Schedule.
- (8) Time for claiming tax credit. The tax credit may be claimed by a dealer only if the dealer holds a tax invoice at the time that the prescribed return for the tax period is furnished.
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