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The Orissa Value Added Tax Rules, 2005
CHAPTER XIII : TRANSITIONAL PROVISIONS AND MISCELLANEOUS

Body 129. Manner of issue of clearance certificate to a dealer or person. -

(1) For issue of clearance certificate as referred to in section 99, the application in duplicate duly verified and signed by the applicant shall be made to the Assessing Authority-

    (i) in Form VAT-611, if the clearance certificate is required by a registered dealer, or

    (ii) in Form VAT-611A, if the clearance certificate is required by a dealer person not registered under the Act;

Provided that before filing application in Form VAT-611A, seeking issue of a clearance certificate, the dealer / person making such application shall swear an affidavit declaring the material facts furnished in the application as correct and such affidavit shall be enclosed to the application.

(2) If the assessing authority is satisfied that the application is in order and particulars furnished therein are correct, shall within one week from the date of receipt of such application issue clearance certificate;

    (i) in Form VAT-612, if the applicant is a dealer registered under the Act, or

    (ii) in Form VAT-612A, if the applicant is a dealer / person not registered under the Act.

(2-a) Notwithstanding the provisions regarding issue of clearance certificate to registered dealers in sub-rules (1) and (2), the application in Form VAT-611 and issue of clearance certificate in Form VAT-612 may be made electronically from such date in such manner and subject to such conditions and restrictions as the Commissioner may specify through notification.

(3) A clearance certificate issued under sub-rule (2) shall remain valid till the end of the year during which the certificate is issued and the period of validity shall be specified in that certificate.

(4) A copy of the clearance certificate so issued shall be retained by the assessing authority for his record.

(5) Where the assessing authority does not issue a clearance certificate to a dealer or person, as the case may be under sub-rule (2), such authority shall, after giving the dealer or person, as the case may be an opportunity of being heard, reject his application within fifteen days from the date of receipt of such application for reasons recorded thereof and intimate him in writing accordingly.