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Karnataka Value Added Tax (Amendment) Act, 2009 Complete Act

Title: Karnataka Value Added Tax (Amendment) Act, 2009

State: Karnataka

Year: 2009

Preamble - Karnataka Value Added Tax (Amendment) Act, 2009 Section 1 - Short title and commencement Section 2 - Amendment of section 2 Section 3 - Amendment of section 11 Section 4 - Amendment of section 19 Section 5 - Amendment of section 23 Section 6 - Amendment of section 27 Section 7 - Amendment of section 31 Section 8 - Amendment of section 35 Section 9 - Amendment of section 52 Section 10 - Amendment of section 53 Section 11 - Amendment of section 62 Section 12 - Amendment of section 64 Section 13 - Amendment of section 74 Section 14 - Amendment of Section 77

Karnataka Value Added Tax (Amendment) Act, 2009 Preamble

Title: Karnataka Value Added Tax (Amendment) Act, 2009

State: Karnataka

Year: 2009

THE KARNATAKA VALUE ADDED TAX (AMENDMENT) ACT, 2009 [KARNATAKA ACT No. 5 OF 2009] PREAMBLE An Act further to amend the Karnataka Value Added Tax Act, 2003. Whereas it is expedient further to amend the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixtieth year of the Republic of India, as follows.-

Delhi Value Added Tax (Amendment) Act, 2009 Complete Act

State: Delhi

Year: 2009

.....goods, as defined from time to time in the Central Sales Tax Act, 1956(74 of 1956);". Section 3 - Amendment of Section 9 In the principal Act, in Section 9,- (a) in sub-section (1), for the words "where the purchase arises", the words "to the extent of proportion of the goods which have been put to sale" shall be substituted (b) in sub-section (2), after clause (f), the following clause shall be inserted, namely:- "(g) to the dealers or class of dealers unless the tax paid by the purchasing dealer has actually been deposited by the selling dealer with the Government or has been lawfully adjusted against output tax liability and correctly reflected in the return filed for the respective tax period." Section 4 - Amendment of Section 10 In the principal Act, in Section 10, after sub-section (4), the following sub-section shall be inserted, namely:- "(5) Where the goods which have been purchased by a dealer are sold at a price lower than the price at which it was purchased by the dealer, the tax credit on such purchases shall be reduced proportionately in the tax period during which the goods are sold. Explanation: The tax credit claimed on a particular.....

Karnataka Value Added Tax (Amendment) Act, 2009 Section 1

Title: Short Title and Commencement

State: Karnataka

Year: 2009

(1) This Act may be called the Karnataka Value Added Tax ( Amendment) Act, 2009. (2) It shall come into force with effect from the First day of April,2009.

Karnataka Value Added Tax (Amendment) Act, 2009 Section 2

Title: Amendment of Section 2

State: Karnataka

Year: 2009

In the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) (hereinafter referred to as the principal Act), in section 2, after clause (13 ) ,the following shall be inserted, namely:- "(13-A) "Electronic tax register" means a secure fiscal electronic device meant to issue tax invoices or bills of sale and record the details of such sales, and includes a printer and a device to affix signature of the dealer or his agent. "

Karnataka Value Added Tax (Amendment) Act, 2009 Section 4

Title: Amendment of Section 19

State: Karnataka

Year: 2009

In section 19 of the principal Act,- (1) in the heading after the words "in use", the words "or tax payment scheme" shall be inserted; (2) after sub-section (2), the following shall be inserted, namely : "(3) Where a registered dealer after deducting input tax on any goods used in the course of his business, opts for composition of tax under section 15, the input tax deducted on the goods held in stock on the date on which the dealer so opts shall be repayable by the dealer in the tax period following such date and the input tax so repayable shall be calculated on the market value of such goods on such date." ;

Karnataka Value Added Tax (Amendment) Act, 2009 Section 7

Title: Amendment of Section 31

State: Karnataka

Year: 2009

In section 31of the principal Act,- (1) after sub-section (2), the following sub-sections shall be inserted, namely:- "(2-A) The Commissioner may require every registered dealer belonging to a class of dealers as may be notified by him to install and use an electronic tax register of such type and description and secured in such manner as may be prescribed, for the purpose of accessing information regarding any matter or transaction which may affect the tax liability of such dealer. (2-B ) Notwithstanding anything contained in sub-sections (1) to (3) of section 29, every registered dealer falling under sub-section (2-A), shall issue tax invoices or bills of sale, through the electronic tax register, irrespective of the value of the goods sold and such dealer shall be allowed to recover the cost of the electronic tax register, in the manner and subject to such conditions as may be prescribed"; (2) in sub-section (4), for the words "taxable turnover", the words "total turnover" shall be substituted.

Karnataka Value Added Tax (Amendment) Act, 2009 Section 14

Title: Amendment of Section 77

State: Karnataka

Year: 2009

In section 77 of the principal Act,- (1) in the heading after the word "seals", a comma and the words ",electronic tax registers" shallbe inserted; (2) after sub-section (1) , the following sub-section shall be inserted, namely : "(1-A) Any registered dealer falling under sub-section (2-A) of section 31, who, (a) refuses to install an electronic tax register; or (b) refuses or fails to use the electronic register installed; or (c) removes or in any way tampers with the seal used to secure any electronic tax registerinstalled or destroys or attempts to destroy any electronic tax register installed, shall be liable on conviction by a Court, not inferior to that of a Magistrate of the First Class, to a fine of not less than five thousand rupees but not exceeding twenty five thousand rupees and imprisonment for a period not exceeding one year." The above translation of 2009 (2009: 5) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India.

Karnataka Value Added Tax (Amendment) Act, 2009 Section 13

Title: Amendment of Section 74

State: Karnataka

Year: 2009

In section 74 of the principal Act, in sub-section (4), for the words "failure", the words "failure to submit a copy of the audited statement of accounts " shall be and shall always be deemed to have been substituted;

Karnataka Value Added Tax (Amendment) Act, 2009 Section 12

Title: Amendment of Section 64

State: Karnataka

Year: 2009

In section 64 of the principal Act, in sub-section (3), the following proviso shall be inserted, namely:- "Provided that in the case of an order passed by the appellate authority under section 62 allowing the appeal preferred in full, the condition specified in clause (a) shall not apply."