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Section 42: Power to Transfer Proceedings

The Goa Value Added Tax Act, 2005State Act of Goa · Act 9 of 2005

(1) The Commissioner may, after giving the parties a reasonable opportunity of being heard in the matter, wherever it is possible so to do, by order in writing recording therein his reasons for doing so, transfer any pending proceedings or class of proceedings under any provision of this Act, from himself to any other officer and he may likewise transfer any such proceedings including a proceeding pending with any officer or already transferred under this section from any officer to any other officer whether with or without concurrent jurisdiction or to himself.

(2) For the purpose of this section, any proceedings shall be deemed to have commenced only when any authority having appropriate jurisdiction issues notice under the provisions of this Act, rules or notifications and the proceedings shall be deemed to be pending only after issue of such notice.

(3) Where no proceedings are pending before any authority, then any authority having appropriate jurisdiction over a person or dealer, may initiate and complete any proceedings whatsoever.

Explanation:— In this section, the word “proceedings” in relation to any dealer means all proceedings under this Act in respect of any year, which may be pending on the date of such order or which may have been completed on or before such date, and ---36--- includes also all proceedings under this Act which may be commenced after the date of such order in respect of the said year in relation to such dealer.

Where this provision sits

ActThe Goa Value Added Tax Act, 2005
Section42
Marginal notePower to Transfer Proceedings
JurisdictionState of Goa
StatusIn force as published by the source

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