The Nagaland value Added Tax Act, 2005

The Nagaland Value Added Tax Act, 2005

Tax2005100 sections

This law establishes a system to tax the sale of goods within Nagaland by charging a value added tax at each stage of distribution. It applies to anyone who buys, sells, or supplies goods, including casual traders, government bodies, and businesses, regardless of whether they are local or non-resident. The goal is to generate revenue for the state government by ensuring that every transaction involving goods in Nagaland contributes to the tax base, replacing previous tax structures with a more efficient value-added approach.

  1. 0. Preamble
  2. 1. Short title, extend and commencement:
  3. 2. Definition-In this act unless the context otherwise requires
  4. 3. Taxing authorities-
  5. 4. Act which may have commenced after the date of such order or direction in respect of any year.
  6. 5. Delegation of the Commissioner's powers and function:
  7. 6. Section (3) of Section 3.
  8. 7. Indemnity:
  9. 8. THE INCIDENT LEVY AND RATE OF TAX
  10. 9. Levy of tax on sale:
  11. 10. Such other sales on such condition and restriction as may be prescribed.
  12. 11. Levy of taxes on constrainers and packing materials:
  13. 12. Rate of tax:
  14. 13. Exemptions, zero-rate of tax and re-imbursement of tax in certain cases:
  15. 14. Output tax:
  16. 15. Input tax:
  17. 16. Net
  18. 17. Any amount of credit remaining after such adjustment shall be carried forward to the next tax period.
  19. 18. Input tax credit exceeding tax liability:
  20. 19. verification as may be prescribed.
  21. 20. as may be prescribed.
  22. 21. input tax credit under Section 17 shall be on him.
  23. 22. Powers of Government to amend schedules:
  24. 23. Credit notes and debit notes:
  25. 24. Compulsory registration of dealers:
  26. 25. Voluntary registration of dealers:
  27. 26. Security to be furnished in certain cases:
  28. 27. Imposition of penalty for failure to get registered:
  29. 28. REFUND:
  30. 29. Return default:
  31. 31. Rounding off of the amount of tax or penalty:
  32. 32. Scrutiny of returns:
  33. 33. Tax audit:
  34. 34. Self-assessment:
  35. 35. Provisional assessment:
  36. 36. Audit assessment:
  37. 37. Assessment of dealer who fails to get himself registered:
  38. 38. No assessment after five years:
  39. 39. Turnover escaping assessment:
  40. 40. Exclusion of time period for assessment:-
  41. 41. Power of reassessment in certain cases:
  42. 42. Payment and recovery of tax, penalty and interest:
  43. 43. Special mode of recovery:
  44. 44. Collection of tax by dealer:
  45. 46. Tax to be first charge on property:
  46. 48. Refund:
  47. 49. Provisional refund:
  48. 50. Interest:
  49. 51. The interest payable under this Act shall be deemed to be tax due under this Act.
  50. 52. Exemption of certain sales and purchases:
  51. 53. -51-
  52. 55. Tax invoice:
  53. 56. Electronic record:
  54. 57. hard copies thereof.
  55. 58. under this Act, or any document including electronic records as may be specified.
  56. 59. Act as an auditor of Companies registered under the said Act.
  57. 60. Liability to pay tax in case of death:
  58. 61. Certain agents liable to tax for
  59. 62. Liability of partners:
  60. 63. Amalgamation of companies:
  61. 64. CHAPTER-VIII INSPECTION OF ACCOUNTS, DOCUMENTS, SEARCH OF PREMISES AND ESTABLISHMENT OF CHECK POSTS.
  62. 65. Survey:
  63. 66. Establishment of check posts and inspection of goods and movement of
  64. 67. Transit of goods by road through the state and issue of transit pass:
  65. 68. Automation:
  66. 69. Power to collect statistics:
  67. 70. Disclosure of information by a public servant
  68. 71. Disclosure of information required under section 70 and failure to furnish
  69. 72. Publication and disclosure of information respecting dealers and other
  70. 73. Appellate Authority (First appeal)
  71. 74. The Appellate Authority shall serve the Appellant, with notice in writing, of the appeal decision, setting forth the reasons for the decision.
  72. 75. Appeal by Commissioner to Appellate Tribunal:
  73. 76. Revisions of High Court:
  74. 77. Hearing of revision and review by the High Court:
  75. 78. Revision by Commissioner:
  76. 79. Provided that the Commissioner shall not pass any order under this Section after the expiry of five years from the date of such order.
  77. 80. The burden of proving that any turnover of goods is exempt from or that it has no liability or obligation under this Act shall be on the person objecting.
  78. 81. Offences and Penalties:
  79. 83. Family, such members shall be deemed guilty of that offence and shall be liable to be proceeded against and punished accordingly.
  80. 84. Investigation of offences:
  81. 85. Compounding of offences:
  82. 86. Other offence:
  83. 87. Court fee on appeal and certain other applications:
  84. 88. Application of Section 4 and 12 of Limitations Act:
  85. 89. Power to purchase in case of under-valuation of goods
  86. 90. The sale proceeds so realized should forthwith be paid into the Government Treasury.
  87. 91. Liability to obtain registration and to furnish information by certain
  88. 92. Collection of tax by registered dealer, government and statutory bodies:
  89. 93. Display of name:
  90. 94. the dealer, the firm name, owner, and such other particulars as may be prescribed.
  91. 95. of 1908).
  92. 96. payment.
  93. 97. Transitional provisions:
  94. 98. Power to remove difficulties:
  95. 99. Clearance certificate:
  96. 100. Repeal and savings:
  97. 101. Nothing in the Nagaland Sales Tax Act, 1967, shall apply in relation to
  98. 102. The Nagaland Sales Tax Act, 1967, shall be amended in the manner specified in schedule
  99. Schedule 1. Schedule 1
  100. Schedule V. Schedule V

PDF: pending for this language.