Bihar Value Added Tax Act,2005
Act No : 27
Section :
Compounding of tax liability in certain cases.
15. Compounding of tax liability in certain cases.-(1) Notwithstanding anything to the contrary contained in the Act, the State Government may, by notification and subject to such conditions and restrictions as may be prescribed, permit any class of registered dealers, whose gross turnover does not exceed the limit specified in the notification to pay, in lieu of the tax payable by him, an amount calculated at such rate, not exceeding four per cent. of his taxable turnover, as may be specified in the notification:Provided that no such permission shall be granted to a manufacturer or a person who imports any goods from any place outside the State of Bihar for the purpose of his business:Provided further that the amount so specified shall be in addition to any tax that may be payable by the dealer under section 4.(2) The dealers to whom the provisions of sub-section (1) apply shall-(a) not charge any tax on the sale of goods specified in Schedule I;(b) not charge tax in excess of the rate specified in the notification issued under sub-section (1); and (c) not be entitled to issue tax invoices in respect of sales made by them.(3) If the Assessing Authority has reasons to believe that the dealer was not eligible to pay tax at a rate specified under sub-section (1), the Assessing Authority shall, without prejudice to any action which is or may be taken under section 81, impose a penalty equivalent to three times of the amount of tax arrived at after applying the rate, specified under section 14, to the gross turnover of the dealer after deducting the value of sales under section 6:Provided that no order under this sub-section shall be passed without giving the dealer a reasonable opportunity of being heard.
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