44. Intra-state Stock Transfer or Movement of Goods otherwise than by way of Sale

(1) Where any dealer claims that he is not liable to pay tax under the Act, in respect of any goods, on the ground that the movement of such goods from one place to another within the State of Jharkhand was occasioned by the reason of transfer of such goods to other branches, or otherwise than by way of sale under Section 66 of the Act, the burden of proving the claim shall be on that dealer, and for this purpose he shall furnish to the Prescribed Authority along with the Statement / Challans / Transfer Memos / Invoices, required to be furnished by him, under sub-rule (2)(h) of Rule 38.

(a) a true and complete Declaration in Form JVAT 505, as obtained from the consignee in the case of transfer by Principal to his Agent for sale on commission basis in Form JVAT 505, and in the case of branch transfer from one branch to another in the State in Form JVAT 506 to be issued by the transferee branch.

(b) Where any Principal dealer transfers any goods within the state to his Commission Agent or to his branch / units for sale therein, he shall issue a Declaration in Form JVAT 507 in respect of such goods, duly filled in and signed by him to his Commission agent/branches/units bearing Printed Serial Nos. and shall retain a copy thereof for a record.

(c) Correct and complete record of the name, address, Taxpayer Identification Number. if any, of the person to whom the goods were transferred incorporating therein the quantity of the goods and the value thereof,

(d) Copy of accounts rendered by the Agent or the office to the whom the goods were transferred, and

(e) Copy of the Railway or the Lorry receipts relating to such transfer.

(2) The transferor shall issue to the transferee a Challan or Transfer Memo to this effect.

Provided the transferee / consignee dealer / person shall issue one Declaration, for any such transfer made during a year.