In exercise of the powers conferred by section 83 of the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005), and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa Value Added Tax Rules, 2005, namely:-

1. Short title and commencement.-

(1) These rules may be called the Goa Value Added Tax (Seventh Amendment) Rules, 2009.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Substitution of Rule 58.-

For rule 58 of the Goa Value Added Tax Rules, 2005 (hereinafter referred to as the "Principal Rules" the following rule shall be substituted, namely:-

"58 Declaration for purchase or sale of industrial inputs/packing material,-

(1) The declaration referred to in the entry against serial number (53) of Schedule 'B' appended to the Act shall be self declaration by the selling dealer in Form VAT-XXXIII, or self declaration by purchasing dealer in Form VATXXXIV. The same shall be made in duplicate.

(2) The declaration under sub-rule (1) above shall be furnished by the selling dealer or the purchasing dealer to their Assessing Authorities alongwith their quarterly return. The declaration shall be complete in all respects before it is submitted with the return.

(3) Duplicate copies of the declaration shall be retained by the dealers for their record.

(4) A single declaration in Form VAT-XXXIII or Form VAT-XXXIV may cover more than one transaction if such transactions are made within a quarter. The declaration shall also contain details such as, serial number, date of tax invoice, amount of sales or purchases, name, address and TIN of the selling dealer or the purchasing dealer, as the case may be. The Form VAT-XXXIII shall contain details of sales effected to the purchasing dealer and Form VAT-XXXIV shall contain details of purchases made from the selling dealer.

(5) The Assessing Authority shall upon receipt of such return/declaration, cross verify the contents of Form VAT-XXXIII and Form VAT-XXXIV or vice versa so as to ascertain the correctness of the transactions covered therein, and if any incorrect information is observed therein, the same shall be assessed to tax for differential amount. The input tax credit claimed by the purchasing dealer shall be disallowed.

(6) If no such declaration in Form VAT--XXXIII or Form VAT-XXXIV is submitted by the selling dealer or the purchasing dealer, as the case may be, alongwith the quarterly returns, then, the dealer shall not be eligible for claiming the concessional rate of tax on industrial inputs under Entry at Serial Number (53) of Schedule 'B' to the Act."

3. Substitution of Form VAT-XXXIII.-

For Form VAT-XXXIII appended to the principal Rules, the following Form shall be substituted, namely:-

"Form VAT - XXXIII

[See rule 58]

DECLARATION

(Under entry at serial number (53) of Schedule 'B' to the Goa Value Added Tax Act, 2005) (Goa Act 9 of 2005)

I.................. (name) ............ (designation/status) of M/s .............. (name and address of Selling dealer) do hereby declare that:-

(2) The goods specified in the tax invoices and listed in the table herein below have been sold by ......................................................as industrial inputs/packing material covered under entry at serial number (53) of Schedule 'B' to the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) as indented by the respective purchasing dealers for use by them in the manufacture of goods for sale.

I hereby declare that whatever stated above is true to the best of my knowledge and belief.

N.B.: To be issued in duplicate. The 'Original' shall be forwarded b the selling dealer to the Assessing Authority and the 'duplicate' shall be retained by him for his record.

4. Insertion of new Form VAT-XXXIV.-

After Form VAT-XXXIII appended to the principal Rules, the following Form shall be inserted, namely:-

"Form VAT - XXXIV

[See rule 58]

DECLARATION

(Under entry at serial number (53) of Schedule 'B' to the Goa Value Added Tax Act, 2005) (Goa Act 9 of 2005)

I.................. (name) ............ (designation/status) of M/s .............. (name and address of Purchasing dealer) do hereby declare that:-

(1) .......................... is the registered dealer holding TIN and that the registration granted to ...................... is in force as on this date.

(2) The goods specified in the tax invoices and listed in the table herein below have been Purchased by him as industrial inputs/packing material covered under entry at serial number (53) of Schedule 'B' to the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) for use in the manufacture of goods at our factory not for resale.

TABLE

I hereby declare that whatever stated above is true to the best of my knowledge and belief.

N.B.: To be issued in duplicate. The 'Original' shall be forwarded b the Purchasing dealer to the Assessing Authority and the 'duplicate' shall be retained by him for his record.