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CHAPTER
V
Payment
of Tax and Other Dues and Refund
33.
Deduction of tax at source. section 24.
(1)
Every Government agency, public sector undertaking or corporation procuring food
grains in the State at the minimum support price (with or without bonus) fixed
from time to time for such grains or any person authorised by such agency,
undertaking or corporation in this behalf and acting as such, shall, at the time
of making payment, whether by cash, adjustment, credit to the account, recovery
of dues or in any other manner to the commission agent as valuable consideration
for selling the grains, deduct tax in advance from such payment calculated by
multiplying the amount paid in any manner with four per cent or such other rate,
as notified under sub-section (1) of section 24.
(2)
Every contractee shall, at the time of making payment, whether by cash,
adjustment, credit to the account, recovery of dues or in any other manner,
deduct from the payment made to the contractor for execution of a works contract
in the State involving transfer of property in goods, whether as goods or in
some other form, tax in advance calculated by multiplying the amount paid in any
manner with four per cent or such other rate, as notified under sub-section (1)
of section 24.
Explanation.
– For the purpose of the foregoing sub-rules, the valuable consideration shall
not include the amount of tax, if any, forming part of the consideration.
(3)
The provisions of sub-rules (1) and (2) shall not apply where the amount or the
aggregate of the amounts paid or likely to be paid during a year to the supplier
of grains or the contractor, as the case may be, does not or is not likely to
exceed one lakh rupees.
(4)
The provisions of sub-rule (2) shall not apply where both the contractee and the
contractor are dealers registered under the Act and the contract relates to
manufacture or processing of goods for sale.
(5)
The amount, which any person is required to deduct in a month under the
foregoing sub-rules, shall be paid by him within fifteen days of the close of
the month into the appropriate Government Treasury in challan in Form VAT-C1
separately for each payee in the manner laid down in rule 35. The person making
the payment shall affix the original copy of the challan with the return filed
by him and shall furnish the fifth copy to the payee concerned as a certificate
of tax deduction and payment, who shall affix it with his return. Provided that
the Commissioner may by order in writing permit such person to pay by grouping a
number of payees in a single challan or challans subject to each such challan
showing the name of each payee and the amount deposited in respect of him
separately:
Provided
further that such person shall provide to each payee whose name appears in the
challan a self-authenticated copy of the challan:
(6)
The payee to whom a certificate of tax deduction and payment referred to in
sub-rule (5) has been furnished shall, subject to verification of genuineness
and correctness of the certificate, be entitled to deduct the amount shown in it
from the amount of tax due from him for the period specified in the certificate
and shall pay the balance in the manner laid down in rule 35 and any amount paid
in excess shall be refundable on assessment.
(7)
The Commissioner may, on application made to him, order that no deduction from
the payment made to any person shall be effected under this rule or that
deduction shall be effected at a rate lower than the rate mentioned under this
rule or notified in this behalf if he is satisfied that
(i)
such person is a registered dealer;
(ii)
he has not elected to pay lump sum in lieu of sales tax; and
(iii)
non deduction or deduction at a lower rate, as the case may be, shall neither
adversely effect nor delay the recovery of tax from him.
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