1[3C. Authority from which declaration form referred to in
sub-section (1) of section 6A may be
obtained and custody thereof.—
(1) The form of declaration prescribed under
sub-section (1) of section 6A may be obtained by a Registered dealer, or any
person, duly authorised by him in writing from the 4[Assessing
Authority], but where such dealer has places of business within the
jurisdiction of two or more officers, he or the person authorised by him shall
obtain such forms from each such 4[Assessing Authority] separately
in respect of his place or places of business within the jurisdiction of that 4[Assessing
Authority]:
Provided that, in the case of registered
dealer who has places of business within the jurisdiction of two or more 4[Assessing
Authority] and has declared one of such places to be his Head Office and is
permitted to file consolidated returns, he may obtain such form from the 4[Assessing
Authority] to whom the consolidated returns are required to be furnished, 2[A
fee of rupees 3[40] in court fee stamps shall be charged for every
book of twenty-five such declaration Forms and a fee of rupees 2[160]
in court fee stamps shall be charged for every book of one hundred such
declaration Forms]:
Provided further that the 4[Assessing
Authority] shall issue the declaration forms to the dealer subject to the
provisions of sub-section (3F) of section 7.
(2) Such forms of declaration shall be kept by
the dealer in his own custody or in the custody of the person duly authorised
by him in writing and such dealer shall be personally responsible for the loss
destruction or theft of any such form or forms or the loss of Government
Revenue, if any, resulting directly or indirectly from such theft or loss and
the amount of such loss shall be recoverable from the dealer as an arrears of
land revenue.
(3) In the case of transfer of goods referred
to in sub-section (1) of section 6A, before furnishing the declaration to the
agents or principal, having his place of business in other State (hereinafter
referred to in this rule as “the agent”), the dealer to whom the goods have
been so transferred or any responsible person authorised by him in this behalf
shall fill in all the required particulars in the declaration forms and shall
also affix his usual signature in the space provided in the form for that
purpose. Thereafter the “counterfoil” of the form shall be retained by the
dealer furnishing the declarations and the other two portions marked “Original”
and “Duplicate” shall be made over by him to the agent.
(4) No dealer to whom the goods are
transferred shall accept nor the agents shall give, any declaration except in
the form obtained by the dealer under sub-
1. Substituted by G. N. No.
STA/1572/3701/72-M-2, dated 31-3-1973, w.e.f. 1-4-1973.
2. Substituted
by G. N. No, CST-1082/CR-83/82-RES-7, dated 28-6-1982.
3. Substituted
by G. N. No. CST. 1090/140/Taxation-1, dated 29-8-1990.
4. These words were
substituted for the words “sales tax officer” by G.N. CST-1399/CR-19/Tax-1,
dated 10-11-2000
rule
(1) and not declared obsolete or invalid by the Commissioner under provisions
of rule 4A.
(5) A registered dealer, who claims that he is
not liable to pay tax under the Act, in respect of any transfer of goods
specified in sub-section (1) of section 6A, may at the time when his assessment
is being made in his case by the assessing authority produce before the
assessing authority the portion marked “duplicate” and “Original” furnished to
him in the manner prescribed in sub-rule (3). The assessing authority may retain
the “Original” of such of the declarations, as he may deem necessary.]