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THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005.
CHAPTER V : ACCOUNTS, SURVEY AND INSPECTION

Body 33. Power of survey.

(1) Notwithstanding anything contained in any other provision of this Act, any Assistant Excise and Taxation Commissioner or Excise and Taxation Officer appointed to assist the Commissioner under sub-section (1) of section 3 or an Excise and Taxation Inspector, duly authorized by the Commissioner may, for the purpose of survey regarding ascertainment of commencement of liability to pay tax for registration under section 14 of this Act, and extent of business, enter-

    (a) any place within the limits of the area assigned to him, or

    (b) any place occupied by any dealer in respect of which he exercises jurisdiction,

at which the dealer carrying on the business, keeps any of his books of accounts or other documents or any part of his cash relating to the sale or purchase of goods or stock of goods relating to his business and require any dealer, employee or any other person who may at that time and place be attending in any manner to, or helping in carrying on of such business-

    (i) to afford him the necessary facility to inspect such books of accounts or other documents as he may require and which may be available at such place,

    (ii) to afford him the necessary facility to check or verify the cash and stock of goods which may be found therein, and

    (iii) to furnish such information including such statement as he may require as to any matter which may be useful for, or relevant to, any proceedings under this Act.

(2) For the purpose of sub-section (1), no entry in the dwelling house shall be made-

    (i) after sunset or before the sunrise;

    (ii) by any officer below the rank of an Excise and Taxation Officer; and

    (iii) without obtaining the sanction of the District Magistrate within whose jurisdiction such house is situated.

(3) The dealer shall be bound to disclose true, correct and complete information of his business regarding ascertainment of commencement of liability to pay tax under this Act and if he fails without sufficient cause to furnish such information or furnishes false or incorrect information to the officer specified under sub-section (1), or conceals any particulars of sales or purchases or the account books are not found at the business premises, the Commissioner or any person appointed to assist him under sub-section (1) of section 3 may, after giving such dealer a reasonable opportunity of being heard, direct him to pay by way of penalty, a sum equal to twenty five percentum of the amount of tax to which he is assessed or is liable to be assessed.