(1) The Commissioner may, if it appears to him to be necessary so to do, for the continuance of the certificate of registration, or for the proper realisation of tax, composition money or other dues payable under this Regulation or as a condition of registering a person as a dealer or as a condition of making a refund under section 38, or as a condition of desealing or release under sub-section (4) of section 60, require a person or prescribed class of persons to furnish security for the proper performance of their responsibilities under this Regulation or under the Central Sales Tax Act, 1956 in the prescribed amount, in the prescribed manner and within such time as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), the Commissioner may increase, vary, reduce or waive the prescribed amount of the security, having regard to—
(a) the nature and size of the business activities of the person;
(b) the amount of any tax, interest or penalty for which the person may be or is likely to become liable at any time under this Regulation;
(c) the creditworthiness of the person;
(d) the nature of the security; and
(e) any other matter which the Commissioner considers relevant.
Effect of de-registration.
Registration during transition.
43 of 1975.
Security from certain classes of dealers and other persons.
74 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
(3) Where the security or additional security furnished by a person is in the form of a surety bond and the surety dies or becomes insolvent, the person shall within one month of the occurrence of such event, inform the Commissioner and shall within three months of such occurrence, execute a fresh surety bond.
(4) Where the surety bond has been executed by another registered dealer and the dealer’s registration is either cancelled or he has closed down his business, the person shall furnish a fresh security as may be prescribed and in the manner as stated in sub-section (3).
(5) The Commissioner may, for good and sufficient cause, order the forfeiture of the whole or any part of the security furnished by a person.
(6) Where the security furnished by any person is forfeited in whole or is rendered insufficient, he shall furnish a fresh security of the requisite amount or, as the case may be, shall make up the deficiency in such manner and within such period as may be specified.
CHAPTER V RETURNS
26. Every registered dealer who is liable to pay tax under this Regulation shall furnish to the Commissioner such returns for each tax period and by such dates and in such form and manner as may be prescribed.
27. In addition to the returns specified in section 26, the Commissioner may require any person, whether a registered dealer or not, to furnish (whether on that person’s own behalf or as an agent or trustee) him with such other returns in the prescribed form as and when the Commissioner requires.
28. If a person discovers a discrepancy in a return furnished by him for a tax period under this Regulation, he shall remove such discrepancy and furnish a revised return within the year following the year of such tax period:
Provided that if, as a result of the discrepancy, the person has paid less tax than was due under this Regulation, he shall, pay the tax owed and interest thereon.
29. Every return under this Chapter shall be signed and verified—
(a) in the case of an individual, by the individual himself, and where the individual is absent from India, either by the individual or by some person duly authorised by him in this behalf and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;
(b) in the case of a Hindu Undivided Family, by a Karta and where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family;
(c) in the case of a company or local authority, by the principal officer thereof;
(d) in the case of a firm, by any partner thereof, not being a minor;
(e) in the case of any other association, by any member of the association or persons;
(f) in the case of a trust, by the trustee or any trustee; and
(g) in the case of any other person, by some person competent to act on his behalf.
CHAPTER VI ASSESSMENT AND PAYMENT OF TAX, INTEREST AND PENALTIES AND MAKING REFUNDS
30. No claim may be made by the Commissioner for the payment by a person of an amount of tax, interest or penalty or other amount in the nature of tax, interest or penalty due under this Regulation except by the making of an assessment for the amount.
Periodical payment of tax and furnishing of returns.
Power to require other returns.
Correction of deficiencies.
Signing returns.
Assessment of tax, interest or penalty.
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—