Power to withhold Refund in certain Cases

1. (1) Where an order giving rise to refund is the subject matter of an appeal or further proceeding or where any other proceeding under this Act is pending, and the prescribed authority is of the opinion that the grant of such refund is likely to adversely affect the revenue and that it may not be possible to recover the amount later, the prescribed authority may, withheld the refund till such time as he may determine.
2. (2) Where a refund is withheld under sub-Section (1) the dealer shall be entitled to interest as provided under sub-Section (1) of Section 55, if as a result of the appeal or further proceeding or any other proceeding, he becomes entitled to the refund.

57. * Exemption of certain Sales and Purchases —

1. (1) Notwithstanding any thing contained in Section 54 and subject of such conditions as it may impose, the Government may, if it is necessary so to do in the public interest, by notification in the Official Gazette, exempt any sales or purchases of any class of goods * made to or by a class of dealers or persons specified in the said notification from payment of the whole or any part of any tax payable under the provisions of this Act and any notification issued under this Section may be issued so as to be

retrospective to any date, not earlier than the appointed date and such exemption

shall take effect from the date of the publication of the notification in the Official Gazette or such other earlier or later date as may be mentioned therein. ((Added vide Notification No. LG-17/2015-26 dated 3-05-2015)

1. (2) Where any dealer or person has purchased any goods under a declaration or certificate given by him under any notification issued under this Section and -
   • (a) any of the condition subject to which such exemption was granted, or
   • (b) any of the recitals or the conditions of the declaration, or certificate are not complied with for any reason whatsoever, then without prejudice to the other provisions of this Act, such dealer or person shall be liable to pay tax on the sale price of the goods at the rate set out against each of such goods in the Schedule-II notwithstanding that such dealer or person was not liable to pay tax under any other provisions of this Act and accordingly the dealer or the person who has become liable to pay tax under this sub- Section shall file a return in the prescribed form to the prescribed authority within a prescribed time and shall include the sale price of such turnover in his return, and pay the tax in the prescribed manner. The tax due from any such dealer or person shall be assessed and recovered as if the person or dealer is a dealer liable to be proceeded against under the provisions of this Act.
2. (3) If the prescribed authority has reason to believe that any person or dealer is liable to pay tax under sub-Section (2), the prescribed authority shall, after giving him a reasonable opportunity of being heard, assess the amount of tax so due.
3. (4) Notwithstanding anything contained in this Act, the power to exempt any sales or purchases to or by a class of dealers or persons specified in any notifications thereof shall also include to withdraw, amend, alter or delete the said notification(s).
   • • Section 57 shall be substituted (vide Notification No LG 13/leg dated 01.02.2018) in the following manner: -

Section 57 - (1) Notwithstanding anything contained in the Jharkhand Value Added Tax Act, 2005

(Jharkhand Act, 05, 2006) and subject of such conditions as it may impose, the Government may, if it is necessary to do so in the public interest, by a notification published in the Official Gazette, exempt any sales or purchases of any class of goods made to or by a class of dealer(s) or class of person or persons; with such conditions and restrictions, as may be specified in the said notification from payment of the whole or any part of any tax payable under the provisions of the said Act ; and any notification issued under this section may be issued so as to be retrospective or prospective to any date, not earlier than the date of effect of this Act, and such exemption shall take effect from the date of the publication of the notification in the Official Gazette or such other earlier or later date, as may be mentioned therein.

1. (2) Notwithstanding anything contained in this Act, the power to exempt any sale or purchase to or by a class of dealers or persons specified in any such notifications thereof shall also include the power to withdraw, revoke, amend, alter or delete the said notification(s).

58. *Composition of Tax —

1. (1) (a) The State Government may, by a notification in the Official Gazette, in lieu of the amount of tax payable under this Act; provide for a Scheme of Composition of Tax Payable: by such dealers or class of dealers, or dealers who are engaged in the business of reselling at retail of any goods, or dealers who are liable to pay tax on sales effected by way of transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; subject to such conditions and restrictions as may be specified and as prescribed. Provided the scheme of Composition of Tax shall be available to only such Dealer(s), other than the works contractors, whose gross turnover does not exceeds Rs.50 lakhs in a year.
   • (b) For the purpose of this Section, a dealer shall be considered to be engaged in the business of selling at retail, if 9/10th of his turnover of sales consists of sales made to such persons who are not dealers, and in the circumstances, if any question arises as to, whether any particular dealer is a retailer or not,

the question shall be referred to the Joint Commissioner, who shall after

hearing the dealer, if necessary, decide the question to this effect. The order made by the Joint Commissioner shall be final.

1. (c) Nothing in this sub-Section shall apply to a dealer who is a Manufacturer, or who is an Importer of goods into the State, or who sells liquor: including liquor imported from outside of India, or Indian Made Foreign Liquor or Country Liquor.
2. (d) The provisions of Section 44 shall not apply to such contractors, who have been granted permission to pay tax by way of composition; so long they comply with all the terms and conditions as specified in the Notification and prescribed in Rule 23, read with sub-rule (7) of Rule 14.

1. (2) The Rate of Tax applicable under the Composition scheme referred in this Section shall not be exceeding 8%, on the Gross Annual Turnover and no Input Tax Credit shall be admissible to such dealers.
2. (3) Where the registered dealer is permitted to pay tax by way of Composition Scheme under sub-Section (1) of this Section, the provisions of Section 35 and 36 shall not apply to him, so long as he complies with all the terms and conditions as specified in this Section and as prescribed.
3. (4) Any dealer eligible for Composition of Tax under sub-Section (1) may apply, to the Prescribed Authority in the prescribed manner, to exercise his option and he shall pay such amount due, and furnish a Return in such manner as may be prescribed. Provided that once the dealer elects the option to pay tax under this Section, the option may be reversed only after the end of the year for which the option is made, by an Application to the Prescribed Authority, within such time and in such manner as may be prescribed. Provided further, such dealer shall not be allowed to issue Tax Invoice, and shall not be allowed to collect any amount, by way of Tax under this Act. *(deleted vide notification no. LG 13/leg dated 01.02.2018)