PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013 225
(KRTK 24, 1935 SAKA)
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 15th November, 2013 No. 49-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 15th Day of November, 2013, is hereby published for general information:
THE PUNJAB VALUE ADDED TAX (SECOND AMENDMENT)
ACT, 2013
(Punjab Act No. 38 of 2013)
AN
ACT
further to amend the Punjab Value Added Tax Act, 2005. BE it enacted by the Legislature of the State of Punjab in the Sixty fourth Year of the Republic of India, as follows:
1. (1) This Act may be called the Punjab Value Added Tax (Second Amendment) Act, 2013.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette:
Provided that amendment of sub-section () of section 13 shall come into force on and with effect from the lst day of April, 2014 and omission of
sub-section (1-A) of section 13 shall be deemed to have come into forceon and with effect from the 4th day of October, 2013.
2. In the Punjab Value Added Tax Act, 2005 (hereinafter referred to as the principal Act), in section 4, for sub-section (2), the following sub-section Amendmentin
shall be substituted, namely: Punjab Act 8 of
2005.
"(2) The Tribunal may consist of a Chairman and three other members to be appointed by the State Government from time to time..
Short title and
commencement.
"/) (a) Notwithstanding anything contained in this Act or the Rules Section 4 of
3. In the principal Act, in section 6, for sub-section (7), the following Amendmentin
sub-section shall be substituted, namely: -
section6 of
Punjab Act 8 of
2005.
UNJAB (1LXTRA , 15,2013 225
(KRTK SA )
ART1
DEPARTMENT OF LEGAL L A I S, U
FICATION
T 15th N ber, 2 No. 49-Leg./2013.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 15th o November, 2013, is hereby published for general information:-
THE PUNJAB VALU SECON MENT)
T,
P ab c . u ther o h al ct, 5. BE it enacted by the Legislature of the State of Punjab in the Sixty- r ear h epublic ia, o s:-
. I hi a l h nj al dde mendment) ct, 3.
(2) It l it t from the date of its bli o in f ici l azet e:
Provided t endment b-secti n 1) section 13 shall come o it ct om 1 of April, o is i n
b-section I ) ct n 13 shall ed e e
and ith ffect om t of October, 13.
2. unjab alue dded a ct, ereinafter f rr d as the principal ct), in cti n , r b-section ), o ing sub-section hal e ubstituted, namely:-
"(2) he ri unal ay consist f hai an and three other embers t be ppointed t e tate overnment time t t me."
3 I t e principal Act, in section 6, for sub-section (7), the following sub-section shall be substituted, namely:-
"(7) (@) Notwithstanding anything contained in this Act or the Rules Short title and
commencement.
mendment i
section 4 of
Punjab Act 8 of
20 5.
Amendment i section 6 of Punjab Act 8 of
2005.
1
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013 226
(KRTK 24, 1935 SAKA)
made thereunder, the State Government may by notification specify the goods on which a taxable person shall pay tax in advance at the rates notified by the Government but not exceeding the rates including surcharge applicable on such goods under this Act, when he imports such goods into the State subject to such conditions, as the State Government may specify in the notification. The aforesaid payment of tax in advance shall be counted towards the final tax liability of the taxable person:
Provided that the State Government may by notification exempt any taxable person or class of taxable persons from payment of tax in advance or reduce the rate of payment of tax in advance subject to such conditions, as may be notified:
Provided further that if on an application made by a taxable person, the Commissioner or an officer authorized by him, after verifying all aspects of the case, arrives at a decision that such taxable person should be exempted from payment of tax in advance or that the rate of payment of tax in advance should be reduced for such taxable person, he may do so and impose such terms and conditions on such taxable person as he may deem fit.
Explanation.-The taxable person, who imports goods into the State, shall pay tax in advance, on the presumption that such goods are meant for the purposes of sale or for use in manufacture or processing of goods meant for sale, unless, it is proved otherwise by such taxable person. It is further presumed, unless, it is proved otherwise by such taxable person, that such goods or any product manufactured therefrom, shall not be sold below the price at which such goods have been purchased and imported in the State.
(b) The tax already paid in advance under the provisions of sub section () of section 6 as it existed prior to commencement of the Punjab Value Added Tax (Second Amendment) Act, 2013, shall be deemed to have been paid tax in advance under the provisions of clause (a).".
NJ B OVT. GAZ. ( TRA), OVEMBER 5, 013 226
24, 935 KA)
(b)
made t ereunder, t e State overnment may by notification specify t e oods on which a t able person shal pay t i advance at the rates notified by the Government but not exceeding the rates including surcharge applicable on such oods nder this ct, hen e ports h oods into State subject to such conditions, as the State Government may ecify in otification. he f resaid ent f in
ance hal unted ards al bility f
taxable person:
r vi ed at tate overnment a otifi ation
exempt any taxable person or class of taxable persons from payment of tax in advance or reduce the rate of payment of tax in advance subject to such conditions, as may be notified:
r i d er t plicati n ad
taxable person, the ommissioner or officer authorized him, after verifying all aspects of the case, arrives at a decision that such taxable person should be exempted from payment ce t ent tax in advance
l taxable person, he may do so and
m ose erm nditi ns a l person as
m
xplanation.- a ble person, who imports goods into h t t , shall a n nce, he esumption that
eant o h poses of sale or for use in
anufacture ssi g eant or sale, unless, it
is ise ax l rson. It is further
e u ed, l ss, it is o h ise such taxable person, th su an ct anufactured therefrom, shall
n so d ow the p ce at ich such goods have been
p and im r in the S
T tax a read p d in ad ance under the provisions of sub- se io (7) o sec ion 6 as it e ed p o to com ence ent o the P V A T (Second Amendment) Act,
013, sh b deem to ha b en paid tax in advance under the p o o (a
2
4.
PUNJAB GOVT.GAZ. (EXTRA), NOVEMBER 15,2013
(KRTK 24, 1935 SAKA)
In the principal Act, after section 8-B, the following sections shall Insertion of new be inserted, namely: sections 8-C, 8-D
and 8-E in Punjab
Act 8 of 2005.
227
"8-C.(1) Notwithstanding anything contained in this Act, the State Tax on maximum Government, if satisfied that it is necessary or expedient retail price. so to do in public interest, may, by notification in the Official Gazette, direct that, in respect of any goods or class of goods covered under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, a taxable person who is a manufacturer or a first importer of goods, may, at his option, pay tax on the basis of Maximum Retail Price (MRP) as printed upon such goods subject to such conditions as the State Government may specify in the notification.
(2) Ataxable person, who opts to pay tax as provided under sub-section (1), shall pay taX at the rate as notified by the State Government on the value of Maximum Retail Price (MRP) by issuing an invoice showing value of goods and tax separately, as Maximum Retail Price (MRP) printed would be inclusive
of the tax payable. For the purpose of computing tax liability, such a taxable
person shall not be entitled to claim any deduction on
account of any trade
discount or incentive in terms of quantity or cash discount that he may have
given to the purchaser.
(3) The taxable person,who has opted under sub-section (1), shall be
at liberty to cancel his option by making an application to the designated officer. in such form and subject to such conditions as the State Government may specifyin the notification.
(4) AIl subsequent taxable persons, purchasing goods on which tax on the basis of Maximum Retail Price (MRP) as provided under sub-section (1) has already been paid, shallbe exempted from payment of tax on the sale of
such goods, subject to such
conditions as the State Government may specify
in the notification.
8-D. Notwithstanding
anything contained in this Act, the State
Power to grant tax Government may, 1f satistied that it is necessary or
incentives to expedient so to do in the interest of industrial
development of the State, grant tax incentives to such certain class of
industries.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013
4, 5 A)
4. Inthe principal Act, after section 8-B, the following sections shall serted, namely:-
"8-C. (1) Notwithstanding anything contained in this Act, the State Tax on maximum Government, if satisfied that it is necessary or expedient retail price. so to do in public interest, may, by notification in the Official Gazette, direct that, in respect of any goods or class of goods covered under the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, a taxable person who is a manufacturer or a first importer of goods, may, at his option, pay basis of axi Retail Price (MRP) as printed upon
s j ct nditi ns t t overnment
a ecif otification.
(2) taxable p r n, t i d er -section (1), shall pay tax at the rate as notified t t over ent of Maximum Retail Price M P) s n i i
lue of goods
a arately, a etail r M P) ou
l si e
ih a yable. r h se puti g a
ility, a l
1 t e o aim ucti n nt
ra
n t n erm antit nt
h
shal
discount
given o h rchaser.
a l n, r
- cti n (1), shall be
ib cel t aki
pli ati n o h at d r,
in s orm j t
o
cif n h notif ation.
o s h over ent
( ) All subs uent a l
ns, asi g hi a
he i a m etail MRP
) r - cti n (7
a rea i , ll
pt rom ent tax th
s
ct to su c dit ns a th S
G ver ent sp
u ds, s
in the notificati n.
st ding a c
in th s Act, he S ate
D Notwit
if sa isfied th t i is o e t ay,
Power to grant tax
. . CL .
o in he interest o ind rial incentives to x en
t o
curtain class of develo ent o the S , g tax in t s to su
industries.
Insertion of new
sections 8-C, 8-D
F 'Punjab
ct f 05.
3
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013 228
(KRTK 24, 1935 SAKA)
class of industries for such period and subject to such conditions, as may be prescribed, in the case of industries, which came into production for the first tinme, as and when notified in the Industrial Policy framed by the Department of Industries.
8-E. Notwithstanding anything contained in the Act, the State Government, may, if satisfied that it is necessary or expedient so to do in the interest of industrial
development of the State, allow retention of tax collected to such class of industries subject to such conditions, as may be prescribed.".
Retention of tax
collected.
5. In the principal Act, in section 13, i)
" Provided that the input tax shall not be available as input taX credit unless such goods are sold within the State or in the course of inter-State trade or commerce or in the course of export or are used in the manufacture, processing or packing of taxable goods for sale within the State or inthe course of inter-State trade or commerce or in the courseof export:";
in sub-section (1), for the first proviso, the following proviso Punjab Act 8 of shall be substituted, namely: 2005.
(ii) sub-section (1-A) shall be omitted:
(ii) for sub-section (9), the following sub-section shallbe substituted, namely:
"(9) A person shall reverse input tax credit availed by him on goods which remained in stock at the time of closure of the business."; and
(iv) for sub-section (12), the following sub-section shall be substituted, namely:
Amendment in
"12) Save as otherwise provided hereinafter, input tax credit shall be claimed only against the original VAT invoice and will be claimed during the period in which such invoice is received. The input tax shall be utilized in accordance with the conditions mentioned in this section, but in no case the amount of input tax credit on any purchase of goods shall exceed the amount section 13 of
J B OVT. AZ. TRA), NOVEMBER , 13
24, 1935 A)
class of industries for such period and subject to such conditions, as may be prescribed, in the case of industries, which came into production for the first time, as and when notified in the Industrial Policy framed by the epart ent f Industries.
8-E. Notwithstanding anything contained in the Act, the State Retention of tax ~~ GOvernment, may, if satisfied that it is necessary or l
expedient so to do in the interest of industrial development of the State, allow retention of tax collected to such class of industries subject to such conditions, as may be prescribed.".
S Inthe principal Act, in section 13,-
1
(ii) (iii) (iv) in sub-section (1), for the first proviso, the following proviso shall be substituted, namely:-
" r i ed t ut ax shall not be available as input tax credit l ss s it i h t t course r- tate a e or mmerce or in the course of export or h anufacture, essi
i l it i h t n h
e n e -S ate rade m e n h
ort";
- ct 4) al it ed;
-secti n ), h lowi -secti n al
substit ted, mely:-
"(9) all r n t a it i m hi emai n o h im r the business.";
- ecti n ), h lowi su -secti n al bstit ted, a ely:-
(]2 ise reinafter, n t ax it shall aim i st h al n i il aim h n hi n s d.
n t ax hal iz n ce i h dit s mentioned in this section, but in no case h ount n t ax it s o l h ount
mendment
Punjab Act 8 of
2005.
4
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013 229
(KRTK 24, 1935 SAKA)
6.
of tax , in respect of the same goods or goods used in manufacture of same goods, actually paid, if any, under this Act, into the Government treasury.".
In the principal Act, in section 29,
(i) for sub-section (4), the following sub-section shall be substituted, namely:
"(4) An assessment under sub-section (2) or sub-section (3), may be made within a period of six years after the date when the annual statement was filed or due to be filed, whichever is later:
Provided that the assessment under sub-section (2) or sub-section (3), in respect of which annual statement for the assessment year 2006-07 has already been filed, can be made till the 20th day of November, 2014.
Explanations: (1) The limitation period of six years for an assessment under sub-section (2) or sub-section (3), shall also apply to those cases in which the aforesaid period of six years has yet not expired.
(2) It is clarified that prior to commencement of the Punjab Value Added Tax (Second Amendment) Act, 2013, the Commissioner was not required to issue any notice to the concerned person before extending the limitation period of assessment.": and
(ii) after sub-section (10), the following sub-section shallbe inserted, namely:
"(10-4) Notwithstanding anything to the contrary contained in any judgement, decree or order of any court, tribunal or other authority, an order passed by the Commissioner under sub-section (4) prior to commencement of the Punjab Value Added Tax (Second Amendment) Act, 2013, shall not be invalid on the ground of prior service of noticeor communication of such order to the concerned person.".
Amendment in
section 29 of
Punjab Act 8 of
2005.
J OVT. AZ. (EX RA), NO BER , 13
24, 1935 KA)
of tax , in respect of the same goods or goods used in manufacture of same goods, actually paid, if any, under this Act, overnment treasury."
. Inthe principal Act, in section 29,- i)
(ii)
for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) assessment under sub-section (2) or sub-section (3), may be made within a period of six years after the date h annual a em t as e ,
hi r
Provided that the assessment under sub-section (2) or sub-section (3), in respect of which annual statement for the assessment year 2006-07 has already been filed, can be made till t ofNovember, 14.
Explanations: (1) limitation period of six years for an ent der sub-section (2) or sub-section (3), shall l s in hi the aforesaid period of six
r pired.
ti rified that prior to commencement of the Punjab al dde nd mendment) Act, 2013, the
ommissioner a t i o s notice to the
concerned per i h imi
assessment."; nd
ct ), h o low - ct shall
n r d, namely:-
"(10-A) otwithstanding o h t tained n u ent, urt, ribu al
t ority, h missioner
sub-section (4) prior to om encement h a S endment) ct 2013, s l
nv id he ound or ervice ce
communication of such order to the erson.".
men e
o
unj ct
.
5
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013
(KRTK 24, 1935 SAKA)
7. In the principal Act, after section 39, the following new section Insertion of new shall be inserted, namely:
8.
"39-A. (1) There shall be constituted a fund to be called the Punjab Punjab VAT
Refund
Fund.
230
(2) The amount collected on account of advance tax under sub-section (7) of section 6, shall directly be credited into the Punjab VAT Refund Fund.
V¤T Refund Fund, which shall be maintained and
operated by the Department of Excise and Taxation in such manner, as may be prescribed.
(3) After allowing refund claims from the Fund, the balance amount in the Fund, shall be deposited in the Consolidated Fund of the State, as may be prescribed.".
In the principal Act, after section 46, the following new section Insertion of new shall be inserted, namely:
Power to
"46-A. (1) Where a designated officer has, for the purpose of any proceeding under this Act, reasons to believe that any of the goods as notified by the State Government whether in stock or in transit, are underpriced as shown in a document or book of account produced before him, he may, with the prior approval of the Commissioner or such other officer, as the Commissioner may, in writing, authorise for the purpose, make an offer to purchase such goods at the price shown in the document or book of account, increased by ten per cent plus freight and other expenses, if any, incurred by the owner in relation to the goods.
purchase under
priced goods.
section 39-A in
Punjab Act 8 of
2005.
(2) Ifthe owner of the goods accepts the offer, as provided under sub-section (), he shall make delivery of the goods on a date, time and at such place, as specified by the officer making the offer and shall be paid the offered price with other expenses within a period of ten days of the delivery of the goods, but, if he rejects the offer, or after accepting the offer fails to deliver the goods on the specified date, time and at the specified place, it shall be construed as a conclusive proof that the owner has underpriced section 46-A in
Punjab Act 8 of
2005.
P NJAB GOVT. GAZ. ( A) NOVEMBER 15,2013 230
24, 1935 KA)
7. In the principal Act, after sectio n 39, the following new sect o shall be inserted, namely:-
"39-4. (1) There shall be constituted a f d t be cal ed t e Punjab Punjab VAT A Refund Fund, which shal be maintai ed a d Retund operated by t e Department of Excise and Taxation in une h man er, as ay be prescribed.
(2) The amount collected on account of advance tax under b-section (7) f cti n 6, hal irectly e redited t unjab ef und.
(3) Afterallowing refund claims from the Fund, the balance amount in the Fund, shall be deposited in the Consolidated Fund of tat , a r scri ed.".
8. rincipal Act, after section 46, the following new section shall erted, mely:-
- . (1) here a designated officer has, for the purpose p i er this ct, reasons to believe
ower 10
r ase er t the s as notified by the State Government priced goods. 1 o er n o in transit, are underpriced as shown n ent nt d before him, he may,
i h r val the mmissioner or such other officer, h mmissioner ay, n rit ng, authorise for the purpose, a o se u s at the price shown in the
ent unt, n en per cent plus freight
an o h e ses, if an inc b the in re a io to the g
( ) If the o e h g a t the offer, as provided u su t (1), h sh m delivery of the goods on a date, time and at such p a as sp e by the o c m the o and s al be p id the offered price with other expenses within a period o ten day o the de ive y o the go b if he reje the offer, or after acce ng the offer fails to d iv the goo on the sp d time and at the specified place, it shall be construed as a conclusive proo tha the ow has un Insertion of ne
section 39;A in
Punjab Act 8 of
2005.
Insertion of new section 46-A in Punjab Act 8 of
2005.
6
9.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 15,2013 231 (KRTK 24, 1935 SAKA)
the goods.and the price of the goods as determined by the designated officer to the best of his judgement shall be considered as the actual price of such goods.
3) The goods purchased under sub-section (2). shall be sold by public auction in the manner, as imay be prescribed, as early as nossible, but, if the goods are of a perishable nature or subject to Speedyand natural decay or are such as may, if held, lose their
value or when the expenses of keeping them are likely to exceed
their value, then, such goods shall be immediately sold or otherwise
disposedof in the manner, as may be prescribed. The sale proceeds
of the goods or the amount obtained by disposal of the goods shall
be deposited in the Government treasury.".
In the principal Act, in section 51,
() in sub-section (6), for clause (b), the following clause shall
be substituted, namely:
"(b) If the owner or the person Incharge of the goods has not submitted the documents as mentioned in sub-sections
(2) and (4) or has not submitted the information,as specified
in the rules at the nearest check postor information collection
centre, in the State, as the case may be, on his entry into or
before exit from the State, such goods shall be detained along
with the vehicle for aperiod not
exceeding seventy two hours
subject to orders under clause
(c) of sub-section (7). Note:-
(I) Person in-charge of the goods" shall include
carrier of goods or agent ofa transport company or booking
gency or any other
bailee for transportation and in-charge
Or owner ofa
bonded warehouse or of any other warehouse.
(2) "information collection centre"
shall include Virtual
information collection centre."; and
(i) after sub-section (12),the following
sub-section shall be
inserted, namely:
"(12-4) Wherea goods vehicle is found
transportingthe goods on an escape route and a'
penalty exceeding rupees
Amendment in
section 51 of Punjab Act 8 of
2005.
PUNJAB GOVT. GAZ. (EXTRA), NOVE
Mp:
~The goods and the price of the goods as determi Ib | inec
officer to the best of his judgement sh price of such goods.
(KRTK 24,1935 SAK 4) R15,2013
23]
| y the designated all be considered as the actual
(3) The go ds purchased under sub-section (2). shall b sold by public auction in the manner, as may be prescribed I ,asear y
as possible, but, if the go ds are of a perishable nature or subject tc ) speedy and natural decay or are such as may, if held, lose their value or when the expenses of ke ping the are likely to exceed their value, then, such goods shall be immediately s old or otherwise
disposed of in the manner, as may be prescribed. The sale proce ds of the goods or the amount obtained by disposal of the goods shall be deposited in the Government reasury.".
9. Inthe principal Act, i secti n 51.- (i)
(ii)
in sub-section ), r l se b), the f ollowing clause shall
be substituted, namely:-
"(b) If the owner O arge of the goods has not submitted the docum e ent in
-sections
(2) and (4) o h su it h n ormation, as specified
in the rules at the nea st ch p o info
mation collection centre, in the Sta as the ca m be,
on his entry into or before exit from t he S such go
s shall be detained along
with the vehicl f ora pe o no exc
e ng seventy tWO hours
subject to order un clause (©)
of sub section (
7):
goods" shall include
cha g of the
:
or booking Note (1) "Person in- transp com
d in-charge carrier go or agen of 2
ee fo
ehouse or of any
©
r transpo a
tion an
agency or any other bail (her warehouse:
or owner of a bon
ded war
(2) "inform i on collectio !
".
i . 0 centre ' a0 informat on colle ction
on sll o
hg sub-s
after sub-section (12), the following
inserted, nam y:-
"(12-4) re a goods ¥° goods on an escap e
Amendment in
section 51 of
Punjab Act 8 of
2005.
7
sign
PUNJAB GOVTGAZ.(EXTRA), NOVEMBER I5,
namely:
(KRTK 24, 1935 SAKA)
fwo lacs has been imposed upon the owner of the goods under clause (c) of sub-section (7) and if the officer imposing the penalty is satisfied that the owner of the goods vehicle or the transporter is also involved in committing the aforesaid offence, then the owner of the goods vehicle or the transporter, as the case may be, shall also be liable to paya penalty of rupces twenty five thousands for the first time of occurrence of such an offence and if the same vehicle is again found to be inyolved in such like an offence and a penalty exceeding rupees two lac is again imposed, then such officer shall order the
confiscation of the goods vehicle. The goods vehicle so confiscated, shall be sold by public auction in the prescribed manner.
Note.-
An 'escape route' shall mean the route on the way of
which no Information Collection Centre is located.".
10. In the principal Act, in section 56, in the last line, for the sign".", the
"." shall be substituted and thereafter, the following proviso shall be added,
"Provided that in case a person, who has availed ofa refund under a star rating/fast track refund scheme, as may be prescribed, is subsequently found to have willfullyor fraudulently claimed refund which Was not due to him, he shall be liable to pay penalty subject to the maximum
of five times the refund amount so claimed, as may be prescribed by
Slate Government. jn addition to the payment of refund
amount so claimed
and interest payable thereon.".
(4) The Tribunal may suo-moto or on a reference from the aftected
person of the Commissioner or any other ofticer so authorized
by the Commissioner
may, consider rectification ofa mistake
Or an error
apparent from the record in an order within
a
period of five years from the date of passing of such order:
Amendment in
Provided that on such
rectification shall be made, if it section 56 of
Puniah Act 8 of
In the principalAct, in section 66, for sub-section (2),the following Amendmentin Sub-section shal]l be substituted, namely:
2005.
Section 66 ot Punjab Act 8 of
2005.
2013 232
di
PUNJAB GOV I.GAZ. (1'X] RA N( WEMBIR 15 013 1) (KRTK 24, 1935 SAK A) |
two lacs has been imposed upon the owner of the goods under clause (¢) of sub-section (7) and if the officer imposing the penalty is satisfied that the owner of fhe goods vehicle or the
transporter is also involved in committing the aforesaid offence.
then the owner of the goods vehicle or the transporter, as the
case may be, shall also be liable to pay a penalty of rup es
twenty five thousands for the firs time of occurrence of such
an offence and if the same vehicle js again found to be
involved in such like an offence and a penalty exc eding rup es
two lac is again imposed, then such o ficer shall order the
confiscation of the goods veh The goods vehicle so
confiscated, shall be sold by publ c auc ion in the prescribed
manner.
Note.- An 'escape route' sh l the ro on the way of
which no Information ol o nt is located.".
10. Inthe principal Act, in section 56, in h t , r h sign ".", the Amendment in section 56 of
sign ":" shall be substituted and thereafter, the o i g r viso al ded, Punjab Act 8 of 2005. namely:-
"Provided that in case a person, ho has availed of a refund under a star rating/fast track refund scheme, as may be prescribed, is subsequently found to have willfully or fraudulently clai ed refund which was not due to him, he shall be liable to pay penalty subject to the maximum of five times the refund amount so claimed, as may be prescribed by State Government, in addition to the payment of refund amount so claimed and interest payable thereon."
11. Inthe principal Act, in section 66, for sub-section (2), the following Amendment in Sub-sectio, , section 06 of n shall be substituted, namely:- Punjab Act 8 of
2005.
"(2) The Tribunal may suo-moto orona ref r nce from the affected person of the Commissioner or any other officer so authorized by the Commissioner may, consider rectification f a mistake or an error apparent from the record in an order within a period of five years from the date of passing of such order:
Provided that on such rectification shall be made, if it
8
PUNJAB GOVT. GAZ. ( (EXTRA), NOVEMBER 15, 2013
(KRTK 24, 1935 SAKA)
Las the cffect ofenhancing the tax Or reducing the amount of pefund without aftording an opportunity of being heard to the affected person.
Explanation: Error apparent from the record in an order shall include an order that has become erroneous as a result of amendment of this Act.".
233
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 362/11-2013/Pb. Govt. Press, S.A.S. Nagar y
PUNJAB GOVT. GAZ. ( XTRA), NOVEMBER 15 2013 23
1935 KA)
has the effect of hancing t e t or r ucing t e amount of refund without affording an opportunity of being heard to the affected er n.
Explanation: r or apparent from the record in an order shall e r er t as e erroneous as a
result f endment of this Act."
. . . AHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2/ 1-2013/Pb. ovt. ress, . .S. a
9