Act No. 14 of 1950
12th April, 1950
Whereas it is expedient to provide for the levy of a general tax on the sale of goods in the hyderabad state; It is hereby enacted as follows:-* * Published in the Extraordinary Jarida No. (45) dated 12th April, 1950.
(1) This Act may be called the Hyderabad General Sales Tax Act, 1950.
(2) It extends to the whole of the Hyderabad State and shall come into force from the date of its publication in the Jarida.
(2) Any vacancy in the membership of the Tribunal shall be filled up by the Government.
(3) (a) The functions of the Tribunal may be exercised by a Bench consisting of all the members of the Tribunal or by a Bench consisting of two members constituted by the Chairman or, in the event of the office of a member other than the Chairman being vacant, by a Bench consisting of the Chairman and the other members:
Provided that, if any case which comes up before a Bench (of which the Chairman is not a member) involves a question of law, the Bench may, in its discretion, reserve such for decision by a Bench of which the Chairman shall be a member.
(b) Where an appeal or application is heard by all the three members of the Tribunal, and the members differ in opinion on any point, the point shall be decided in accordance with the opinion of the majority.
(c) Where an appeal or application is heard by a Bench consisting of two members and the members are divided in their opinion, the case shall be referred to the full Bench.
(4) The Tribunal shall, with the previous sanction of the Government, make regulations consistent with the provisions of this Act and the rules made thereunder, for regulating its procedure and the disposal of its business.
(5) The regulations made under sub-section (4) shall be published in the official Gazette.]
For the year opening on the 1st day of April, 1950, every dealer whose total turnover for the period from the 1st day of May 1950 to the 31st day of March 1951, is not less than Rs. 6,875, and every casual trader whatever be his total turnover for the said period, shall, save as otherwise provided in this Act, pay--
For every subsequent year every dealer whose turnover for the year is not less than Rs. 7,500, and every casual trader whatever be his turnover for the year, shall, save as otherwise provided in this Act, pay--
(1) The tax payable under clause (1) of section 3 or clause (1) of section 4 shall, save as provided in section 6, be leviable in respect of every point in a series of sales by successive dealers or casual dealers:
Provided that--
(2) The tax payable under clause (2) of section 3 and clause (2) of section 4 shall be leviable at such one point only in a series of sales by successive dealers or casual traders as may be prescribed.
Explanation (1):--"Coarse" cloth means any cloth in which the count of warp yarn employed (excepting the border) is below 17s (whether single or folded);
Explanation (2).--"Medium" cloth means any cloth in which the court of warp yarn employed (excepting the border) is 17s or finer but is less than 35s (whether single or folded;]
Provided that the Government may, by notification in the Official Gazette increase the rate of such tax on sugar from six pies up to one anna in a rupee;]
(1) Government may by notification in the Jarida make an exemption, reduction in rate or other modification in respect of any tax payable under section 3 or section 4 in favour of--
(2) A dealer who deals in goods in contravention of sub-section (1) or who commits any breach of the conditions of a licence obtained under sub-section (1) shall be liable to the prescribed penalties and in respect of goods exempted by notification under section 7 shall in the discretion of the assessing authority be liable to pay the tax to which he would have been liable if the exemption had not been made.]
The Government may, on application and on payment of such fee as may be prescribed in that behalf, licence under this section any person who for an agreed commission or brokerage buys or sells on behalf of known principals specified in his accounts in respect of each transaction and may exempt from the tax or taxes payable under section 3, 4 or 6 such of his transaction as are carried out in accordance with the terms and condition of his licence:
Provided that--
(1) Every dealer whose probable turnover for the period of assessment referred to in section 3, or for any year of assessment referred to in section 4 is not less than Rs. 4,583 or Rs. 5,000 as the case may be, shall be registered under this Act and for that purpose shall submit an application for registration to such person, in such manner, within such period and accompanied by such fee, as may be prescribed.
(2) A dealer who has been registered in pursuance of sub-section (1) shall be entitled to have his registration cancelled if he establishes to the satisfaction of the prescribed authority--
(3) A dealer shall, until his registration is cancelled, be liable to pay the prescribed fee for every year subsequent to that in which he applied for registration.
(1) No person who is not registered as a dealer shall collect any amount by way of tax under this Act nor shall a registered dealer make any such collection before the 1st day of May, 1950, except in accordance with such conditions and restrictions, if any, as may be prescribed:
Provided that Government may exempt persons who are not registered dealers from the provisions of this sub-section until such date, not being later than the 1st day of June, 1950, as Government may direct.
(1) Every dealer whose turnover in the period of assessment referred to in section 3 is six thousand eight hundred and seventy-five rupees or more or whose turnover in any year of assessment referred to in section 4, is seven thousand five hundred rupees or more in a year shall submit, such return or returns relating to his turnover in such manner, and within such periods as may be prescribed.
(2) If the assessing authority is satisfied that any return submitted under sub-section (1) is correct and complete, he shall assess the dealer on the basis thereof.
(3) If no return is submitted by the dealer under sub-section (1) within the period prescribed in that behalf or if the return submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority shall assess the dealer to the best of his judgment:
Provided that before action is taken under this sub-section the dealer shall be given a reasonable opportunity of proving the correctness and completeness of any return submitted by him.
(4) Subject to the prescribed conditions, the assessing authority may, in lieu of proceeding in accordance with the provisions of sub-sections (1) to (3), assess a dealer--
(1) The tax assessed under this Act shall be paid in such manner, in such instalments, if any, and within such time, not being less than fifteen days from the date of service of the notice of assessment, as may be specified in such notice.
(2) In default of such payment a penalty not exceeding the tax remaining unpaid may be imposed and the total amount due, including the penalty, if any, may be recovered as if it were an arrear of land revenue.
Provided that the assessing or the licensing authority, as the case may be, shall first apply the excess paid in respect of any period towards the recovery of any amount in respect of which a notice of demand may have been issued, and shall then refund the balance remaining, if any.
Provided that if the amount to be remitted exceeds Rs. 2,000 the remission shall not be made without the previous sanction of the Government.]
(1) Any assessee objecting to an assessment made or a penalty imposed on him may, within thirty days from the date on which he was served with notice of the assessment or penalty, appeal to such authority as may be prescribed:
Provided
(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner.
(3) The appellate authority may after giving the appellant a reasonable opportunity of being heard, pass such orders on the appeal as such authority may think fit.
(4) Every order passed in appeal under this section shall subject to
(1) The Commissioner may in his discretion call for and examine the record of any order passed or proceeding taken by any authority, officer or person under the provisions of this Act subordinate to him and against which no appeal has been preferred to the Tribunal under section for the purpose of satisfying himself with regard to the legality or propriety of such order or with regard to the regularity of such proceeding and may pass such order in reference thereto as he thinks fit.
(2) The powers conferred by sub-section (1) may be exercised by the Commissioner suo motu at any time or on application preferred within six months of the passing or taking of the order or proceeding in question.
(3) No order prejudicial to the assessee shall be passed under this section unless he has been given a reasonable opportunity of being heard.
(4) Nothing contained in this section shall apply to the orders or proceedings of any Court or Magistrate.
(2) The Tribunal may admit an appeal preferred after the period of 60 days referred to in sub-section (1) if it is satisfied that the assessee had sufficient cause for not preferring the appeal within that period.
(3) The appeal shall be in the prescribed form, shall be verified in the prescribed manner, and shall be accompanied by such fee not exceeding one hundred rupees as may be prescribed.
(4) The Tribunal shall, after giving both parties to the appeal a reasonable opportunity of being heard, pass such order thereon as it thinks fit.
(5) Notwithstanding that an appeal has been preferred under sub-section (1), tax shall be paid in accordance with assessment made in the case:
Provided that the Tribunal may, in its discretion, permit the appellant to pay the tax in such number of instalments, or give such other directions in regard to the payment of the tax, as it thinks fit:
Provided further that, if as a result of the appeal, any change becomes necessary in such assessment, the Tribunal may authorise the assessing authority to amend the assessment, and on such amendment being made, the amount overpaid by the assessee shall be refunded to him without interest, or the further amount of tax due from him shall be collected in accordance with the provisions of this Act, as the case may be.]
(6) (a) The Tribunal may, on the application, either of the assessee or of the Deputy Commissioner, review any order passed by it under sub-section (4) on the basis of facts which were not before it when it passed the order:
Provided that no such application shall be preferred more than once in respect of the same order.
(b) The application for review shall be preferred in the prescribed manner and within one year from the date on which the order to which the application relates was communicated to the applicant; and where the application is preferred by the assessee it shall be accompanied by such fee not exceeding Rs. 100 as may be prescribed.
(7) Except, as provided in the rules made under this Act, the Tribunal shall not have power to award costs to either of the parties to the appeal or review.
(8) Every order passed by the Tribunal under sub-section (4) or (6) shall be communicated by it to the assessee, the assessing authority, the authority from whose order the appeal was preferred, and the commissioner.
(9) Every order passed by the Tribunal under sub-section (4) shall, subject to the provisions of sub-section (6), be final; and every order passed by it under sub-section (6) shall be final.]
(1) Every registered dealer and every person licensed under this Act shall keep and maintain a true and correct account showing the goods sold and bought by him and the value thereof, exempted goods and goods subject to different rates of tax being shown separately.
(2) If any dealer or person licensed under this Act does not maintain an account in accordance with sub-section (1) the assessing authority may direct him to prepare and maintain a true and correct account in such form as may be prescribed.
(2) If any person to whom this sub-section applies contravenes the provisions of this sub-section, he shall be liable to a fine equal to double the amount of the bill or the cash memorandum in respect of which such contravention has occurred or rupees fifty whichever is less.
(3) The prescribed authority may, either before or after the institution of proceedings in respect of an offence under this section, compound any such offence.]
(1) Any officer authorised by the Government in this behalf may, for the purposes of this Act, require any dealer carrying on business in any kind of goods to produce before him any accounts or other documents, and to furnish any other information relating to such business.
(2) All accounts and registers maintained by dealers in the ordinary course of their business, the goods in their possession and their offices, shops, godowns, or vehicles shall be open to inspection at all reasonable times by any officer so authorised.
(3) If the Commissioner or a Deputy Commissioner has reason to suspect that any dealer is attempting to evade the payment or any tax due from him under this Act, he may, for reasons to be recorded in writing, seize such accounts, registers or documents of the dealer as may be necessary, and shall grant a receipt for the same, and shall retain the same only for so long as may be necessary for examination thereof or for a prosecution.
(4) For the purposes of sub-section (2) or sub-section (3) any officer authorised in that behalf, or, as the case may be, the Commissioner or a Deputy Commissioner, may enter and search any office, shop, godown, vehicle or other place in which business is done.
In the case of any person carrying on the business of buying or selling goods in the Hyderabad State but resident outside it (hereinafter in this section referred to as "a non-resident") the provisions of this Act shall apply subject to the following modifications and additions, namely:--
such authority may direct that such person shall, pay by way of penalty, in the case referred to in clause (a), a sum not exceeding Ø[rupees five hundred] and in the case referred to in clause(b) a sum not exceeding one and a half times the amount of tax which would have been avoided if the return submitted by him had been accepted as correct.
Any person, who--
shall, on conviction by a Magistrate of the first class, be liable to a fine which may extend to one thousand rupees, and where the offence is a continuing one to a further fine which may extend to fifty rupees for every day after the first during which the offence continues.
The prescribed authority may, either before or after the institution of proceedings in respect of an offence under section 20, compound any such offence.
(1) All particulars contained in any statement made, return furnished, or accounts or documents produced under the provisions of this Act, or in any evidence given, or affidavit or deposition made, in the course of any proceedings under this Act (other than proceedings in a Criminal Court) or in any record of an assessment proceedings or any proceeding relating to the recovery of a demand prepared for the purposes of this Act, shall be treated as confidential, and notwithstanding anything contained in the Hyderabad Evidence Act, II of 1313 Fasli, no court shall, save as provided in this Act be entitled to require any public servant to produce before it any such return, account, document or record or any part of such record or to give evidence before it in respect thereof.
(2) If, save as provided in sub-section (3), a public servant discloses any particulars contained in any such statement, return accounts, document, evidence, affidavit, deposition or record, he shall be punishable with imprisonment which may extend to six months, and shall also be liable to fine.
(3) Nothing contained in this section shall apply to the disclosure--
The validity of the assessment of any tax or of the levy of any fee or other amount, made under this Act, or the liability of any person to pay any tax, fee, or other amount so assessed or levied shall not be questioned in any criminal court in any prosecution or other proceeding, whether under this Act or otherwise.
(1) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Act, without the previous sanction of the Government.
(2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.
No suit shall be instituted against the Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government in respect of any act done or purporting to be done under this Act, unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of.
(1) Such provisions of this Act as are expressed to apply to, or in respect of, dealers shall, so for as may be, apply also, subject to such modifications and exceptions as may be prescribed, to and in respect of casual traders.
(2) The application of such provisions as aforesaid to and in respect of an agent deemed by clause (i) of sub-section (1) of section 18 to be a dealer shall be subject to such modifications and exceptions as may be prescribed.
(1) Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
(3) In making a rule under this section Government, may provide that a person guilty of a breach thereof shall, on conviction by a Magistrate of the first class, be punishable with fine which may extend to one thousand rupees, and, where the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues.
(4) The power to make rules conferred by this section shall, except on the first occasion of the exercise thereof, be subject to the condition of previous publication.
(5) All rules made under this section shall be published in the Jarida, and upon such publication shall have effect as if enacted in this Act.
(1) Nothing in this Act shall affect the application of the Luxury Sales Tax Act, 1357 F. (hereinafter in this section and in section 28 referred to as the said Act) to the assessment and levy of the tax imposed by the said Act in respect of the years 1357 F. and 1358 F. and to all matters arising therefrom.
(2) In respect of the period from the 1st day of October, 1949 to the 30th day of April, 1950 all the provisions of the said Act shall have effect as if--
(3) Save as provided in sub-sections (1) and (2) the said Act shall cease to have effect.
If any difficulty arises in giving effect to the provisions of this Act, or of the said Act as operative by virtue of section 27 of this Act, Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty.