Jharkhand Value Added Tax (Amendment ) Ordinance, 2016

(Jharkhand Ordinance-03,2016)

An Ordinance to amend Jharkhand Value Added Tax Act, 2005 (Jharkhand Act 05,2006)

Preamble-

Whereas the legislative Assembly of state of Jharkhand is not in session and. whereas the Governor of Jharkhand is satisfied that circumstances exist which render it necessary for him to take immediate action to amend certain existing provisions and also to bring certain new provisions into the Jharkhand Value Added Tax Act. 2005 (Jharkhand Act 05,2006)

Now, therefore, in exercise of power conferred by Clause (I) of article 213 of Constitution of India, the Governor of Jharkhand is pleased to promulgate the following Ordinance:-

1. Short title, extent and commencement-

(i) This Ordinance may be called the Jharkhand Value Added Tax (Amendment) Ordinance, 2016.

(ii) It shall extend to the whole of the State of Jharkhand.

(iii) It shall be deemed to be effective from 01-04-2016

2. Amendment in Section- 80 A

After Section 80, a new Section as Section 80A shall be added in the following manner:-

80A Advance Rulings

1. Any registered dealer may apply in the prescribed form and manner to the Tribunal for obtaining an advance ruling on the interpretation of any provision of Act, Rules or Notifications issued in respect of a transaction proposed to be undertaken by him even though any question relating to the said provision has not arisen in any proceeding.

2. If the Tribunal finds that the application does not involve any important and substantial question of Law, then the Tribunal may after giving the applicant a reasonable opportunity of being heard, reject the application.

3. If the application is admitted, the Tribunal shall, after hearing the applicant and the departmental representative, pronounce its advance ruling on the question specified in the application within four months of the receipt of the application by it.

4. The Advance Ruling so pronounced shall be prospective in effect and shall be binding on the applicant and the authorities appointed under the Act.

5. The pronouncement of Advance Ruling shall be binding as aforesaid unless there is a change in Law or facts on the basis of which the Advance Ruling has been pronounced.

6. The Tribunal, on application from Commissioner, shall have power to review, amend or revoke its ruling at any time for good and sufficient reason by giving an opportunity to the affected party or applicant. An order giving effect to such review or amendment or revocation shall not be subject to the period of Limitation, as mentioned in sub section (3).

7. Where the Tribunal finds, on a Representation made to it by the Commissioner or otherwise, that an Advance Ruling pronounced by it has been obtained by the applicant by misrepresentation of facts, it may, by order and after giving opportunity of being heard, declare such Advance Ruling to be void ab initio and thereupon all the provisions of this Act shall apply to the applicant as if such Advance Ruling has never been made.