Amendment 3. In section 11 of the principal Regulation,- of section 1 1.
"(b) in case the tax period for the dealer is monthly, carry forward the .
surplus amount; if any,.after making adjustments under clause (a) to the next tax period of the same quarter.";
the manner specified in sections 38 and 39:
Provided that the dealer may opt to adjust the refund under this subsection. as a tax-credit in any succeeding tax period within the same finaucial Insertion of at source.
Government from time to time.
the Commissioner from time to time: for the transfer of property in goods (whether as goods or in some other farm) il?volved.in the execution, whether whol!y 01. in part, the works contract undertaken by t i e contractor shail, a: the time of such paymentor the the ial 9Y in -" / - SEE. 11 THE GAZETTE OF MDIA EXTRAORDINARY --- 3 justifies deduction oftax on a part ofthe sum in respect of the works contract or, as the case may be, justifies no deduction of tax, he shall, after giving the contractor a reasonable opportunity of being heard, grant him such certificate and for such period, as may be appropriate:
Provided that nothing in the said certificate shall affect liability ofthe contractor to pay tax under this Regulation.
(4) Where any such certificate is granted under sub-section (3), the person responsible for making payment under sub-section ( I ) shall, until such certificate is cancelled by the Commissioner, deduct tax at the rate specified in such certificate or deduct no tax, as the case mzy be.
(5) The amount deducted under this section shall be deposited into the Government treasury of Dadra and Nagar Haveli or anbranch in Dadra and hagar Haveli of a bank which may be prescribed, or at such other place or in such other manner as may be prescribed, by the person making such deduction before the expiry oftwenty-eight c days following the month in which such deduction is made.
(6) The person making such deduction under this sectioh shall, at the time of payment or discharge, furnish to the contractor from whose bills or invoices such deduction is made, a certificate as may be prescribed by the Government in respect of the amount deducted, the rate at which it has been deducted and the details of deposits referred to under sub-section (5). -.
(7). If any person referred to in sub-section (6) fails to furnish to the contractor the certificate of tax deduction at source within seven days of making payment or discharge, he shall be liable to pay, by way of penalty, a sum of one hundred:rupees per day from the day of making payment to the contractor or discharge until the failure is rectified:
Provided that the amount of penalty payable under this sub-section shall not exceed twenty thousand rupees.
(8) Any deduction made and deposited in accordance with the provisions of this section shall be treated as payment of tax on behalf o f the person from whose bills or invoices the deduction has been made, and he shall claim the adjustment towards the payment of output tax of the amount so deducted in his return for the tax periid in which the certificate of such deduction was issued to him.
(9) 6 dealer claiming adjustment in his tax return of the amount deducted under.
this section shall preserve the certificate issued to him for a period of seven years and shall produce the same to the Commissioner on demand.
(10) If any person responsible for deduction under this section fails to make the deduction or, after deducting fails to deposit the amount so deducted as required in this section, the Commissioner may, by orderin writing,direct that such person shall pay, by way of penalty, a sum not exceeding twice the arnount deductible under. this section besides the tax deductible but not so deducted and, if deducted, not so deposited.
(11) Without prejudice to the provisions of sub-section (lo), if any person fails to make deduction or, after deducting, fails to deposit the amount so deducted, he shall be liable to pay simple interest at the annualrate to be notified by the Government on the arnount deductible under this section but llot so tledi-icted, and if deducted, not so deIj.osited from thedate on which such ambunt was deductible to the date'on which such amount-is actually deposited.
. .
'
(12)Where the amoulli has nqt been depo~ited after. deduction, such a i n i n t L ' .:
'togetlicr witli'penally . . tii~d interest ref&yred . . . to in sub-sections (10) and (16) sha,ll.be a <.:.
rho~>o'llnn(l 111 the - - u r i t & nt tire ' n a r c . . & .-nA,-krnmA rind r ~ r n v r r u h l r nc arr-arc nf lo-' .'
4 ?'HE GAZETTE OF INDIA EXTRAORalNARY , - .
--. .-
(13) Every person responsible for making deduction of tax under this section shall apply to the Commissioner for a Tax Deduction Account Number within the prescribed time anti in the prescribed form and shall also furnish a return in the prescribed form within the prescribed period.
Amendment of section 3 8 . .
Insertion o f new sectio~r
46A.
Provi,sionai attachment to protect revenue io certain cases i insc~t ic j r~ o f ncw smtiori
58.4.
' Special Audit.
(14) Any person who fails to comply with the requirement under sub-section ( 1 3 ) shall be liable to pay, by way of penalty, a sum oftwo hundred rupees per day from tlie day on wliich rcquirement arose, until the failure is rectified:
Provided that the amount of penalty payable under this sub-section shall not exceed twenty thousand rupees.
Expbnation.-Nothing contained in this section shall apply to works contract executed in the course of inter-State trade or commerce or outside the State or in the course of import into or export out of India.'.
5. In section 38 of the principal Regulation, for sub-section ( 3 ) , the following subsection shall be substimted, namely:- "(3) Subject to the provisions of sub-section (4, any amount remaining at the end of the quarter after the application of the excess amount referred to in sub-section
(2) shall, at the option of the dealer, either-
(a) be rehnded to the person within ninety days after the date on which the claim was made for the rehnd; or
(6) be carried forward to the next tax period in the same financial year as a tax credit in that period.". ' ~
6. After section 46 ofthe principal Regulation, the following section shall be inserted, namely:- "46A. ( I ) Where, during the coursc of inquiry of any proceeding (including any proceeding for recovery of any amount due' in respect of any person or dealerj or during any inspection or search in relation to the business of any person or dealer under this Regulation, the Commissioner is of the opinion that for the purpose of protecting the interest of the revenue it is necessary so to do, he may, notwithstanding anything contained in any law for the time being in force or a contract to the contrary, by order in writing, attach provisionally any property lnovable or immovable, belonging it such persoh or dealer, as the case may be.
I
(2) Every such provisional attachment shall cease to have effect after the expiry ofa pcriod of six months from the date of the order made under sub-section (1):
Provided that the Commissioner may, for reasons to be recorded in flritinS1 putend the aforeasid period by such further period or periods as he thinks fit> so, however, that the total period of ex tens iu~~ sllall 11ot in nny case exceed two Years:
Provided further that the Commissioner may, by order in anting, revoke such ulder, if the person or the dealer hrnishes to the commissioner, a Bank Guarantee within S U L ~ ~ tiiijc, for such period 8s may be specified by the Comrnisi i (~~er in behalt
Provided riru that the power under this section shail be exercised 'he , C ~ m ~ : ~ i r s i ~ n e r nirnself nr by the Additional Comml~ ione r to whom the (3?mmissioner has deicgated :.tlch power,".
. .
" G O ,.A. (!') . . If, at.auy stag: ~ f t l ~ e ,*rnceedi$ ufiriel: this ~ q a l a t i o r l , i h ~ Cornmi'- DFc. ji\ajrr ar:d the .ciionkr. haii.!ir: regard to thenature and comDlc&ly of tile bu~ifi, ,~.)