Maintenance and production of accounts by the dealer.

The Tashi Namgyal Academy Board Act, 1983

General198324 of 25 sections available7 chapters

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Chapter V Chapter V

Statutory text

(1) Every registered dealer shall keep a true and comp- Liability to main- lete account in respect of all goods produced, raised, ma- tain and nufactured, processed, purchased, sold or delivered by him: produce accounts and supply of Provided that the Commissioner may, by notification, information. lay down the forms or registers or the manoer in which the said dealers shall maintain the accounts as aforsaid as well as cash memoranda, bills, invoices etc, and ) the dealer shall maintain the accounts and documents accordingly.
(2) The prescribed authority may direct the dealer to pro- duce accounts or any information in such manner as may be required for the purpose of assessment of tax under this Act if the said authority is not satisfied that the accounts maintained and produced by the dealer are suffi ciently clear and intelligible for determining the correct amount of the tax payable by the dealer.
(3) Subject to such rules as may be made by the State 4 Government under this Act, the prescribed authority may,
- • either before or after the assessment of tax under this pi Act, require any dealer, including a dealer not registered 7 under this Act, to produce before him all or any of the accounts, registers and documents maintained by the dea- ler and also to furnish any information relating to finan- i cial transactions of the dealer relating to his business, including information regarding stocks of goods held, im- ported, produced, manufactured, processed, bought, sold or delivered, the sale price realised, the profit derived therefrom, and the dealer shall comply with such requirements.
(4) Subject as aforesaid, all accounts and documents con- nected with the business of the dealer, stocks of all goods purchased or kept by him for sale, the cash, or bank pass books, statements or deposit receipts kept in any place of business shall at all reasonable times, be open to inspection and search by the prescribed authority or by any person appointed to assist him under sub-section (1) of section 3 or by such other person as may be authori- sed by him for the purpose in writing and the dealer 2 shall render all possible assistance to such authority or ® person in the search er inspection, as the case may be. - Explanation 1.—It shall be open to the said autho- : rity or person to take or cause to be taken such copies of, or extracts from, the aforesaid accounts, registers and documents as may be considered by it or him necessary and to require the dealer or any of his employees present at the time to authen- ticate or witness such copies or extracts, as the case may be. Explanation 2.—The authority or person may, subject to such rules as may be made, break open any door, window, almirah, safe or other containers in the place of business in which he has reason to believe that the dealer has kept or is . keeping any accounts, registers or documents or stocks of goods or cash relating to the business which the dealer has refused J to open or produce for inspection. E
(5) If the prescribed authority has reason to suspect that 74 of 1956. any dealer is attempting to evade the payment of any tax due under this Act or under the Central Sales Tax Act, 1956, such authority or person may, for reasons to be recorded in writing, seize or cause to be seized such accounts, registers or documents including bank pass books i or statements, as may be considered necessary, and shall o grant a receipt for the same. Such seized accounts, re- EE) gisters or documents may be retained by the said autho- rity for so long as may be necessary for examination or a for conducting any prosecution under section 23 and shall thereafter be returned to the dealer who shall acknowledge in writing the receipt of the same: : Provided that the seized accounts, registers and do- cuments shall not be retained by any authority other than the prescribed authority for over 90 days save with the approval, in writing, obtained from the prescribed authority. | 19. (1) Notwithstanding anything contained to the contrary in Liability on the any agreement, contract or understanding, when the owner- transfer of busi ship of a business of a dealer liable to pay tax under this ness. Act, is transferred in whole or in part, the transferor or the transferee shall be jointly or severally liable for informing the particulars of the transfer to the prescribed authority in such manner as may be prescribed and for the payment of any tax, penalty or interest, if any, paya- & ble in respect of such business and remaining unpaid at 2 the time of such transfer. N
(2) Where a dealer from whom any amount is due tow- : § ards tax, penalty or interest dies, the executor, receiver, manager, administrator or successors-in-interest to his estate or any other legal representative including a Court of Wards shall be liable to inform the prescribed authority in such manner as may be prescribed and to pay out of the property of the deceased the amount so payable and shall also be liable and responsible to attend and parti- cipate or be represented in all proceedings under this Act pending at the time of the death of the dealer: i Provided that nothing in this sub-section shall require re-issue of notices or intimation already issued to the dealer and the proceedings pending on the date of death of the dealer shall be continued as if the said dealer is substituted by the person or persons mentioned in this sub-section.
(3) Where the dealer is a minor or is incapacitated and his business is carried on by any other person on his behalf, whether he be a guardian, trustee or agent, such person shall inform the prescribed authority and the tax & shall be assessed upon and be recoverable from such per» o son as if he were the dealer. i (4) Where the dealer is an Undivided Hindu Family, firm or other association of persons, and such family, firm or association is partitioned, dissolved or business thereof is, . due to any reason, disrupted, as the case may be, the tax, penalty and interest for the period or periods upto the date of such partition, dissolution or disruption may be assessed, imposed and levied as if the partition, dissolution or disruption has not taken place and every person who was at the time of such partition, dissolution or disruption a member of such family, firm or association shall be liable severally and jointly for furnishing such particulars as may be prescri- bed and for the payment of such tax, penalty or interest, whether the assessment, imposition or levy was made be- fore or after such partition, dissolution or disruption.

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