In exercise of the powers conferred by Section 94 of the Odisha Value Added Tax Act, 2004 (Odisha Act 4 of 2005), the State Government do hereby make the following rules further to amend the Odisha Value Added Tax Rules, 2005, namely:-
1. (1) These rules may be called the Odisha Value Added Tax (Amendment) Rules, 2014.
(2) They shall come into force on the date of their publication in the Odisha Gazette.
2. In the Odisha Value Added Tax Rules ,2005 (hereinafter referred to as the said rules), in rule 64, in sub-rule (3), after the words, " secure electronic mode", the words, " in Form VAT -318A" shall be inserted.
3. In the said rules, in rule 65,
(i) in sub-rule (1),
(a) in clause (a), for the words "through electronic mode only" the words " through electronic mode in Form VAT-320A " shall be substituted;
(b) in clause (k), after the words " through electronic mode" the words "in Form VAT-322A" shall be inserted;
(ii) in sub-rule (2), in clause (a), for the words " through electronic mode only ", the words "through electronic mode in Form VAT-320A" shall be substituted;
(iii) in sub-rule (3), in clause (a), for the words " through electronic mode only" the words " through electronic mode in Form VAT-320A" shall be substituted; and
(iv) in sub-rule (4), in clause (a), for the words " an Authorised Officer through electronic mode only", the words "an Authorised Officer through electronic mode in Form VAT-323A" shall be substituted.
4. In the said rules, in rule 66, in sub-rule (1), for the words " through electronic mode only", the words " through electronic mode in Form VAT-320A" shall be substituted.
5. In the said rules, for "Form VAT-318 " and "Form VAT-319", the following Form shall be substituted, namely:-
"FORM VAT-318 A
REFUND PAYMENT/ADJUSTMENT ORDER
[see sub-rule (3) of rule 64]
Dear---------------------,
We are happy to intimate you that your application for Refund bearing No. ------------ Dated ------------- has been approved vide Assessment / Appeal / Revision / Rectification / Court Order No. ---------- Dated ..................... ...........and the details of the refund order are given below.
The amount will be credited to your bank account through ECS in next 48 hours through the Directorate of the Treasuries & Inspection. In case of any difficulties, please contact our toll free numbers or the concerned circle office.
Authorised Officer
Note:
1. This order is for reference only.
2. This document is generated from the system and hence, no seal and signature is required."
6. In the said rules, for "Form VAT-320" and "Form VAT-324", the following Form shall be substituted, namely:-
"FORM VAT-320A
APPLICATION FOR REFUND OF ITC CARRIED FORWARDED FOR ADJUSTMENT/REFUND OF TAX
[see rule 65(1)(a), rule 65(2)(a), rule 65(3)(a) and rule 66(1) ])
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I, Sri .................................................... status .............................................. of M/S ......................................... at ..................................... bearing TIN .................................. do hereby declare that the information given above are true and correct to the best of my knowledge and belief. I also further declare that the amount of refund claimed above has been paid by me and that the amount or any part thereof has not been realized by me by way of tax or otherwise from any person or persons.
8. In the said rules, for "Form VAT-322" the following Form shall be substituted, namely:-
"FORM VAT-322A
ORDER OF RELEASE OF BANK GUARANTEE
[ see clause (k) of sub-rule(1) of rule 65]
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04. you had furnished Bank guarantee for Rs. .............................. (Rupees ............................ ) on ................................... branch of .............................. Bank.
5. The above mentioned Bank guarantee was furnished for provisional sanction of refund as claimed under sub-section (1) of Section 59 of the Odisha Value Added Tax Act, 2004, pending audit and final determination of refund due.
06. Now the tax audit conducted, reports that the amount of refund claimed and provisionally sanctioned in your favour is due as per the records and accounts produced before audit
or
The assessment made as a result of the finding of the audit and orders dt. ............... passed thereof has determined that the refund claimed and provisionally sanctioned in your favour is due and admissible as per the records and accounts produced by you.
The excess claim of refund provisionally sanctioned in your favour as determined in the order of assessment dt .................... passed after examination of the records and accounts has been paid by you through challan No............................ dt. ................................ crossed Demand Draft No. ................. dt............................. drawn on ............................. branch of .............................. Bank ( Strike out, whichever is not applicable )
07. Accordingly, the Bank Guarantee furnished by you bearing No..................... dt. ............................. for Rs. .................................... (Rupees ..........................) of branch of ............................ Bank is released.
08. You may take appropriate steps to encash the Bank guarantee as referred to above.
"Form VAT-323A
APPLICATION FOR REFUND TO FOREIGN DIPLOMATIC MISSION/ CONSULATE IN INDIA, UNITED NATIONS ORGANISATIONS AND OTHER INTERNATIONAL BODY
[see clause (a) of sub-rule (4) of Rule 65]
(The Bank details is mandatory otherwise the refund may not be approved)
By Order of the Governor
Deputy Secretary to Government