The Punjab Value Added Tax (Third Amendment) Act, 2011

3272 GI/2015 (1) jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99

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In the Punjab Value Added Tax, 2005 (hereinafter referred to as the principal Act), in section 6, after sub-section (6), the following sub-sections shall be added, namely:- "(7) Notwithstanding anything contained in sub-section (1) to sub-section(6), the State Government shall charge the tax in advance on the import of goods to be notified in such manner, as may be prescribed, and at such rates, as may be notified, but not exceeding the rates applicable on such goods under the Act: Provided that such goods are meant for sale or use in manufacturing or processing of any goods for sale; Provided further that such tax collected in advance, shall be counted towards final liability of the taxable person at the end of each tax period. (8) The tax collected under the Punjab Tax on Entry of Goods into Local Areas Act, 2000 (Punjab No.9 of 2000), shall be deemed to have been collected under the provisions of sub-section (7)."

In the principal Act, after section 3, the following section shall be inserted, namely:-

"3-A. Implementation of electronic governance. — Notwithstanding anything contained in this Act or the rules made thereunder the commissioner may by an order with the approval of the State Government implement electronic governance for carrying out the various provisions of the Act and the rules made there under."

In the principal Act, in section 13, after sub-section (1), the following sub-section shall be inserted, namely:- "(1-A) The tax collected in advance under sub-section (7) of section 6, shall be treated as input tax credit."

In the principal Act, in section 62, for sub-section (5), the following sub-section shall be substituted, namely:- "(5) No appeal shall be entertained, unless such appeal is accompanied by satisfactory proof of the prior minimum payment of twenty-five per cent of the total amount of additional demand, penalty and interest, if any. Explanation- For the purposes of this sub-section "additional demand" means any tax imposed as a result of any order passed under any of the provisions of this Act or the rules made there under or under the Central Sales Tax Act, 1956 (Act No.74 of 1956)".

In the principal Act, in section 51.- (a) in sub-section (1), after the words, "place or places", the words "or in such manner" shall be inserted; (b) in sub-section (2).- (i) after the words "The owner or person Incharge of", the words "the goods or" shall be inserted. (ii) after the words "as are being carried in the goods vehicle", the words "or by any other means" shall be inserted, and (iii) in the first proviso, after the words "outside the State in the course of", the words "intrastate or", shall be inserted. (c) in sub-section (3), after the words "the driver or any other person Incharge of the goods", the words "and goods" shall be inserted; (d) in sub-section (4), excepting the provision.- (i) after the words "The owner or person Incharge of", the words "the goods and" shall be inserted; and (ii) after the words "the declaration duly verified by him to the owner or person Incharge of", the words "the goods and" shall be inserted; (e) in sub-section (5), after the words "the driver or the owner of", the words "the goods and" shall be inserted.