(As amended up to 1st July 2007) 

(Amendments under Finance Act 2007 have been reflected in blue color)

THE SALES TAX ACT, 1990

[ACT NO III OF 1951 AS AMENDED BY FINANCE ACT VII OF 1990]

 

CHAPTER

SECTION AND TITLE

Chapter I

 

PRELIMINARY

 

1.

Short title, extent and commencement

 

2.

Definitions 

Chapter-II

 

SCOPE AND PAYMENT OF TAX

 

3.

Scope of tax

 

3A.

Omitted

 

3AA.

Retail tax

 

3AAA.

Omitted

 

3B.

Collection of excess tax, etc

 

4.

Zero rating

 

5.

Change in the rate of tax

 

6.

Time and manner of payment

 

7.

Determination of tax liability

 

7A.

Levy and collection of tax on specified goods on value addition

 

8.

Tax credit not allowed

 

8A.

Joint and several liability of registered persons in supply chain where tax unpaid.

  8B. Adjustable Input Tax

 

9.

Debit and credit note

 

10.

Excess amount to be carried forward or refunded

 

11.

Assessment of tax

 

11A.

Short-paid amounts recoverable without notice.

 

12.

Omitted

 

13.

Exemption

Chapter-III

 

REGISTRATION

 

14.

Registration

 

15.

Omitted

 

16.

Omitted

 

17.

Omitted

 

18.

Omitted

 

19.

Omitted

 

20.

Omitted

 

21.

De-registration, blacklisting and suspension of registration

Chapter-IV

 

BOOK KEEPING AND INVOICING REQUIREMENTS

 

22.

Records

 

23.

Tax Invoices

 

24.

Retention of record and documents for five years

 

25.

Access to record, documents, etc

 

25A.

Drawing of Samples

Chapter-V

 

RETURNS

 

26.

Monthly Return

 

26A.

Omitted

 

26AA.

Retail Tax Return

 

27.

Special Return

 

28.

Final Return

 

29.

Return deemed to have been made

Chapter-VI

 

APPOINTMENT OF OFFICER OF SALES TAX & THEIR POWERS

 

30.

Appointment of Officers

 

30A.

Directorate General, (Intelligence and Investigation) Customs and Excise

 

30B.

Directorate General of Inspection and Internal Audit

 

30C.

Directorate General of Training and Research

 

30D.

Directorate General of Valuation and Post Clearance Audit

  30DD

Directorate of Post Clearance Audit

 

30E.

Powers and Functions of Directorate, etc

 

31.

Powers

 

32.

Delegation of powers

 

32A.

Special Audit by Chartered Accountants or Cost Accountants

 

32AA.

Audit of Retailer

Chapter-VII

 

OFFENCES AND PENALTIES

 

33.

Offences and penalties

 

34.

Default surcharge

 

34A.

Exemption from penalty and additional tax

 

35.

Omitted

 

35A.

Omitted

 

36.

Recovery of tax not levied or short-levied or erroneously refunded

 

37.

Power to summon persons to give evidence and produce documents in inquiries under the Act

 

37A.

Power to arrest and prosecute

 

37B.

Procedure to be followed on arrest of a person

 

37C.

Omitted

 

38.

Authorized officers to have access to premises, stocks, accounts and records

 

38A.

Power to call for information

 

38B.

Obligation to produce documents and provide information

 

39.

Omitted

 

40.

Searches under warrant

 

40A.

Omitted

 

40B.

Posting of Sales Tax Officer.

 

41.

Omitted

 

42.

Omitted

Chapter-VIII

 

APPEALS

 

43.

Omitted

 

44.

Omitted

 

45.

Power of Adjudication

 

45A.

Powers of the Board and Collector to call for records

 

45B.

Appeals

 

46.

Appeals to Appellate Tribunal

 

47.

Reference to High Court

 

47A.

Alternate dispute resolution

Chapter-IX

 

RECOVERY OF ARREARS

 

48.

Recovery of arrears of tax

Chapter-X

 

MISCELLANEOUS

 

49.

Sale of taxable activity or transfer of ownership

 

49A.

Liquidators

 

50.

Power to make rules

 

50A.

Computerized system

 

51.

Bar of suits, prosecution and other legal proceedings

 

52.

Appearance by authorized representative

 

52A.

e-intermediaries to be appointed

 

53.

Estate of deceased person

 

54.

Estate in bankruptcy

 

55.

Removal of difficulties

 

56.

Service of order, decisions, etc

 

57.

Correction of clerical errors, etc

 

58.

Liability for payment of tax in the case of private companies

 

59.

Tax paid on stocks acquired before registration

 

60.

Powers to deliver certain goods without payment of tax

 

61.

Repayment of tax in certain cases

 

62.

Drawback allowable on re-export

 

63.

Drawback on goods taken into use between importation and re-exportation

 

64.

Power to declare what goods are identifiable and to prohibit drawback in case of specified foreign territory

 

65.

Exemption of tax not levied or short levied as a result of general practice

 

66.

Refund to be claimed within one year

 

67.

Delayed refund

 

68.

Liability of the registered person for the acts of his agent

 

69.

Issuance of certificate & duplicate of Sales Tax documents

 

70.

Computation of limitation period

 

71.

Special procedure

 

72.

Officers of sales tax to follow Board's orders, etc

 

73.

Certain transaction not admissible

 

74.

Condonation of Time-limit

 

75.

Application of the provisions of Act IV of 1969 of Sales Tax.

 

 

SCHEDULES

THE FIRST SCHEDULE

(Omitted)

THE SECOND SCHEDULE

(Omitted)

THE THIRD SCHEDULE

Items Subject to Sales Tax on Retail Prices Basis

THE FOURTH SCHEDULE  

(Omitted)

THE FIFTH SCHEDULE

Zero-rated Supplies

THE SIXTH SCHEDULE 

Exemptions

THE SEVENTH SCHEDULE

(Omitted)