CENTRAL SALES TAX (UTTAR PRADESH) RULES, 1957[1] In exercise of the powers
conferred by subsections (3) and (4) of section 13 of the Central Sales Tax
Act, 1956 (74 of 1956), the Governor of Uttar Pradesh is pleased to make the
following rules: These rules may be called the
Uttar Pradesh Central Sales Tax Rules, 1957. In these rules unless there is
anything repugnant in the subject or context,- (a)
"Act" means the Central Sales Tax Act, 1956; (b)
"Central Rules" means the Central Sales Tax
(Registration and Turnover) Rules, 1957; [2][(c) the expression
"assessing authority," "Circle", "discontinuance of
business" and "Sales Tax officer" shall carry the same meaning
as assigned to them under the U.P. Sales Tax Act, 1948, or the rules framed
thereunder; [3][(d) "Commissioner"
means the Commissioner of Sales Tax appointed by the State Government and
includes and Additional Commissioner, or a Joint Commissioner or a Deputy
Commissioner of Sales Tax appointed by the Suite Government.] (e) "Registered dealer" means a dealer
registered under section 7 of the Act. (1)
As soon as may be after the commencement of the Act, a list
of dealers registered under sub-section (1) or (2) of section 7 of the Act
shall be published by the Commissioner in the official Gazette in alphabetical
order for each circle in the following form: [4][List of Dealers registered
under section 7 of the Central Sales Tax Act, 1956] Circle.................................... Serial No. Name and address of the registered dealer and the
principal place of business, if any Name of the Proprietor, Manager, Partner or Director Description of goods covered by the dealer's certificate of registration For use in the generation or distribution of
electricity or any other form of power. Additional places of business Regis- tration Certi- ficate No. Date from which regis- tration takes effect. For resale. For use in the manufa- cture or proc- essing of goods for sale. For use in mining. For use in the packing of goods for sale/res- ale. In Uttar Pra- desh. In other Sta- tes. 1 2 3 4 5 6 7 8 9 10 11 12 (2)
As soon as a new dealer is registered or an amendment is
made in any registration certificate, or a registration certificate is
cancelled, the Sales Tax Officer shall furnish to the Commissioner particulars
in the above form where a new dealer is registered, or details of the
registration certificate with brief description to the amendment made therein
where a certificate is amended, or the date of cancellation with details of the
registration certificate where certificate is cancelled, for publication in the
official Gazette from time to time. [5][(3) * * *] [6][(4) * * *] [7][(1) Every dealer registered
is liable to registration under the Act shall keep true and complete detailed
accounts of- (a)
all purchases as well as sales made in the course of
inter-State trade or commerce showing in such sale account, separately for each
commodity,- (i)
sales made to Government not being a registered dealer,
of any goods against Form 'D' of the Central Rules; (ii)
sales made to registered dealers against Form 'C' to the
Central Rules of goods of the description referred to in sub-section (3) of
section 8 of the Act; and (iii) sales made to persons other
than the Government or such registered dealer; and (b)
all good received from or sent to other states, together
with their description, quantity and value, manner of their receipt or
despatch, number and date of the relevant railway, road or air transport
receipt or bill of lading and the place from or to which they have been received
or sent. (2) A dealer who claims exemption from sales-tax
under sub-section (2) of section 6 of the Act shall also keep a separate
account of all sales and purchases effected by him by transfer of documents of
title to the goods during the course of their movement from one State to
another. (3) Every commission agent, broker, del-credere
agent, auctioneer or any other mercantile agent, by whatever name called, shall
maintain accounts showing- (a)
a correct and complete record of the name, address and
other particulars of every principal as also the description, quantity and
value of the goods purchased, sold or delivered on behalf of each such
principal or received for sale from such principal; (b)
a correct and complete record of the name, address and
other particulars of every persons from whom he purchases or to whom he sells
goods on behalf of every such principal; (c)
a copy of the account rendered by such dealer to each
such principal in respect of all such purchases, sales of deliveries of goods
on his behalf; and (d)
sk books of description of different goods purchased,
sold or delivered on behalf of every such principal or received, from such
principal for sale. (4) Every dealer who claims exemption from tax
under section 6-A of the Act in respect of goods sent to another State shall
maintain the following records and documents, namely- (a)
a register showing the name and full address of the
dealer or agent to whom the goods were consigned together with the description
of the goods so despatched on each occasion and their quantity and value ; (b)
office copies of the authorisation letter or letters sent
to the selling agent or received from the principal dealer of the other State
in respect of the goods despatched on each occasion ; (c)
the original copy of the written contract, if any,
entered into between the dealer of Uttar Pradesh and the agent or the principal
dealer of the other State; (d)
copies of the bills, invoices or cash memos issued by the
selling agent in the other State for the sale of goods or received by the
dealer of Uttar Pradesh when purchasing goods on behalf of his principal dealer
of the other State ; (e)
accounts rendered by the Uttar Pradesh dealer to the
principal dealer of the other State or by the agent in the other State to the
dealer in Uttar Pradesh, showing the gross amounts of the bills and the
deductions on account of commission and incidental charges ; (f)
extract of the ledger account of the Uttar Pradesh dealer
maintained in the accounts of the selling agents or principal dealer in the
other State duly signed by such agent or dealer ; (g)
full details of the railway or other carriers' receipts
or challan for the goods despatched; and (h)
a record showing the particulars of remittances received
by or from the principal dealer or selling agent in the other State including
the date, the amount receipt and the mode of remittance in each case.] Every dealer liable to pay tax
under the Act shall furnish a return of his turnover in respect of sales made
by him in the course of inter-State trade or commerce in the manner prescribed
for return of turnover in Rule 41 of the [8][U.P.
Sales Tax Rules, 1948], in Form I which shall be- (a)
signed by proprietor of the business, or, in case of a
firm by one of its partners, or in case of a Hindu joint family by the karta or
the manager of the family, or, in case of a company incorporated under the
Companies Act 1956, by Director, Manager, Agent pr Principal Officer thereof,
or, in case of a minor by his guardian or, in case of a trust by the trustee,
or, by an authorised agent duly authorised by the dealer in writing, or, in
case of Government, by that Government or, in case of any other association of
individuals, by the Principal Officer managing the business ; and (b)
verified in the manner provided in the said Form 'I' If any dealer having furnished
a return of his turnover in respect of sales made by him in the course of
inter-State trade or commerce in the manner prescribed in rule 5, discovers any
omission or wrong statement therein, he may furnish a revised return at any
time before the assessment is made] (1)
The Assessing Authority, may, for the purposes of the Act
and the rules made thereunder require any dealer, whether registered under the
Act or not, to produce before him any book, account or other document relating
to his business and may inspect, examine and copy the same and make such
enquiries from the dealer relating to his business, as he may consider
necessary. (2)
All books, account or other documents maintained by any
dealer in the ordinary course of his business, the goods in his possession and
any premises, vessel or vehicle in which such goods, books accounts or other
documents are kept shall be open to inspection at all reasonable times by the Assessing
Authority. (3)
The Assessing Authority may enter any premises, vessel or
vehicle specified in sub-rule (2) at all reasonable times and search for any
such goods, books, accounts or documents kept or suspected to be kept in such
premises, vessel or vehicle. (4)
Any books, accounts or documents recovered on a search
made under sub-rule (3) may be seized by the Assessing Authority for the
purposes of investigating a dealer's liability to tax under the Act. He shall,
on seizing the accounts, books or documents forthwith grant a receipt for the
same and shall return them to the dealer or the person from whose custody they
were seized within a period of three months from the date of such seizure after
having such copies or extracts taken therefrom as he may consider necessary,
provided the dealer or such person gives, in writing, a receipt for the
accounts books or documents returned to him and also an undertaking that unless
permitted by the Assessing Authority he will not make any alteration in the
accounts, books, or documents as they stood at the time the accounts, books, or
documents were returned. The Assessing Authority may, before returning the
accounts, books or documents to the dealer, affix his signature and his
official seal at one or more places thereon, and in such case the dealer will
be required to mention, in the receipt given by him the number of places where
the Assessing Authority's seal or signature or both have been affixed on each
account, book or documents. [9][(a) Notwithstanding anything
contained in sub-rule (4), the officer seizing any books, accounts or documents
under that sub-rule may, for reasons to be recorded by him in writing and
with the prior approval of the Commissioner, retain such books, accounts or
documents for such period, not extending beyond thirty days from the days from
the date of completion of all proceedings under this Act in respect of the year
for which they are relevant, as he deems necessary. Explanation.-The expression
"assessing authority" in this rule shall include an officer
authorised or empowered for the purposes of sections 13, 13-A, 28-A or 28-C of
the Uttar Pradesh Sales Tax Act, 1948. [10][If any person commits the
breach of any of these rules, he shall be punishable with fine which may extend
to five hundred rupees and when the offence is a continuing offence, with a
daily fine which may extend to fifty rupees for every day after the first
during which the offence continues. [11][(1) A registered dealer, who
wishes to obtain blank forms of declaration or certificate, referred to in rule
12 of the Central Rules, shall apply to the Sales Tax Officer of the Circle in
which he is registered for the issue of such forms. The application shall be
signed by any of the persons specified in clause (a) of sub-rule (1) of rule 3
of the Central Rules. [12][(2) No blank forms shall be
issued except on payment of fee by the dealer at the rate of one rupee per
form. The fee shall be deposited in a Government Treasury or sub-treasury of a
Branch of the State Bank of India or its Subsidiary Bank or any Public Sector
Bank, authorised to accept deposits in this behalf and a copy of the receipted
treasury challan shall be attached with the application for such forms. The
amount of fee may also be paid in the form of Court Fee stamps affixed on the
application]. (3) If the Sales Tax Officer is satisfied that
the requisition of the dealer for blank forms is genuine and reasonable, he may
issue the same in such number as he deems fit. If the fee paid is more than the
fee payable for the number of forms issued, the balance shall be credited to
the account of the dealer to be adjusted against any further issues of the
forms or may be refunded to him on application. The Sales Tax Officer shall
maintain, separately for each kind of forms, an account of the fee paid by, and
the forms issued to dealer in registers on Forms II and III. (4) (a) No dealer
shall give any declaration or certificate except on a Form duly obtained by him
in accordance with the provisions of this rule and declared obsolete or invalid
under sub-rule (14). (b) No dealer shall accept any
declaration or certificate from a dealer in another State unless it is furnished
on a form duly obtained by such dealer from such authority as may be prescribed
under the rules framed by the appropriate State Government under sub-section
(3) or (4) of section 13 of the Act, provided that such form has not been
declared obsolete or invalid by such authority as may be prescribed by rules
framed by the appropriate State Government. (5) Every form obtained by a dealer under
sub-rule (1) and every form of declaration or certificate received by such
dealer from another dealer or from a department of Government shall be kept by
him in safe custody and he shall be personally responsible for the loss,
destruction or theft of any such form or for the loss of Government revenue, if
any, resulting directly or indirectly from such loss or theft. (6) Every dealer shall maintain in a register on
Form IV or V, as the case may be, a correct and complete account of every kind
of forms obtained by him under sub-rule (1) or furnished to him by another
dealer under the rules of the appropriate State Government. (7) If a blank form obtained by a dealer under
sub-rule (1), or a duly completed form furnished to him by another dealer or by
a department of Government, is lost, destroyed or stolen, whether such loss,
destruction or theft occurs while it is in the custody of the dealer who
obtained it under sub-rule (1) or to whom it was furnished by another dealer,
or in course of transit to another dealer or to the Sales Tax Officer, he shall
report the fact to the Sales Tax Officer concerned immediately, make
appropriate entries in the remarks column of the register in Form IV or V as
the case may be, and take such other steps to issue public notice of the loss,
destruction or theft as the Sales Tax may direct. (8) On receipt of a report under sub-rule (7),
the Sales Tax Officer shall- (a)
after making such enquiry, if any, as he considers
necessary, fix the amount for which, and the time within which, the Indemnity
Bond, referred to in sub- rule (2) of rule 12 of the Central Rules is to be
furnished by the dealer, and (b)
give such directions to the dealer regarding issue of
public notice of the loss, destruction or theft as he may deem necessary. A
copy of the order shall be served on the dealer whereupon he shall act
accordingly. (9) The Indemnity Bond referred to in sub-rule (8)
shall be signed by one of the persons specified in clause (a) of sub-rule (1)
of rule 3 or sub-rule (8) of rule 12 of the Central Rules. (10) All unused forms remaining in sk with a dealer
on the discontinuance of business or on the cancellation of his registration
certificate shall- (a)
be invalid in respect of any transaction entered into
after such discontinuance, (b)
become invalid immediately on such cancellation, and (c)
be surrendered to the Sales Tax Officer within fifteen
days of the discontinuance of business or, as the case may be, of the service
of the copy of the order of cancellation of registration certificate. The Sates
Tax Officer shall maintain a record of such surrendered forms in a register in
Form III. [13][(11) No dealer who has
obtained a form under sub-rule (1) shall transfer the same to any person except
for the lawful purpose of section 6, section 6-A or section 8 of the Act.] [14][(12) A form of declaration or
certificate in respect of which a report has been received by the Sales Tax
Officer under sub-rule (7) shall not be valid for the purposes of rule 8-A.] (13) The
Commission shall, from time to time, publish in the Gazette the particulars of
the forms in respect whereof a report has been received under sub-rule (7). (14) The
Commissioner may, by notification in the Gazette, declare that the forms of a
particular series, design or colour shall be deemed to be obsolete and invalid
with effect from such date as he may specify, and substitute in their places
forms of different series, design or colour. (15) When a
notification under sub-rule (14) is published, all dealers shall on or before
the date specified by the Commissioner therein, surrender to the Sales Tax
Officer all unused forms of that series, design or colour which may be in their
possession, and obtained in exchange such new forms as may be substituted in
their places: Provided that no new forms
shall be issued to a dealer until he has rendered account of the forms
previously issued to him and has returned the balance, if any to the Sales Tax
Officer. (16) Before
furnishing a form, obtained under sub-rule (1), to another dealer, the person
referred to in sub-rule (8) of rule 12 of the Central Rules shall fill in all
the required particulars, strike off the inapplicable portions and duly sign
the same. He shall thereafter furnish, the portions marked 'Original' and
'Duplicate' to the said other dealer, retaining the portion marked
'Counterfoil' himself. (17) The Sales Tax
Officer shall obtain an account of the forms previously issued to a dealer
before he orders the next issue of such forms under sub-rule (2). He may also,
in his discretion, call for an examination of the counterfoils of the forms
previously issued to the dealer and utilised by him. (18) A department
of the Central Government or a State Government, which is not a registered
dealer under the Act, shall, for the purposes of section 8 of the Act, furnish
to the dealer from whom goods are purchased a certificate in Form 'D', referred
to in sub-rule (1) of rule 12 of the Central Rules. Before furnishing the
certificate to the selling dealer, the authorised officer of the department
shall fill in all the required particulars in the form, strike off the
inapplicable portions, put his seal thereon and sign it. Thereafter the
counterfoil of the form shall be retained by the authorised officer and the
other two portions marked 'Original' and "Duplicate' shall be made over by
him to the selling dealer. [15](1) A dealer who claims- (a)
to have made inter-State sales to a registered dealer or
to a department of the Central Government or a State Government; or (b)
exemption from tax under sub-section (2) of section 6 of the
Act; or (c)
to have sent goods to a dealer registered in another
State otherwise than by way of sale in the course of inter-State trade or
commerce, shall, in respect of each such claim, furnish to the assessing
authority the portion marked 'Original' of the appropriate form of declaration
and / or certificate referred to in rule 12 of the Central Rules. (2) The declarations or certificates referred to
in sub-rule (1) above shall be furnished up to the time of assessment by the
first assessing authority : Provided that if the said
authority is satisfied that the dealer was prevented by sufficient cause from
furnishing such declaration or certificate within the aforesaid time, it may
allow such declaration or certificate to be furnished within such further lime
as it may permit. (3) The assessing authority may, in its
discretion, also direct the dealer to produce before him for inspection the
portion of the form of declaration or certificate, as the case may be, which is
marked 'Duplicate'. [16][(4) If any minor omission or
mistake is found in a declaration or certificate furnished under sub-rule (1),
it shall be returned to the daler who shall be given an opportunity of
having the omission or mistake rectified by the dealer or the department
concerned of Government from whom he had received the declaration or
certificate, and of resubmitting the same within such period, not exceeding
ninety days, as the assessing authority may allow : Provided that no action under
this sub-rule shall be taken if the limitation for passing the assessment order
is going to expire within the said period.] [17] [* * *] [18] [* * *] [19][(1) The security or
additional security under sub-section (2-A), (3-A), (3-C) or (3-E) of section 7
of the Act shall be furnished in any one or more of the following ways, namely- (a)
by depositing the amount in cash in any branch of the
State Bank of India or treasury or sub-treasury in Uttar Pradesh; or (b)
by depositing the amount in any post office or scheduled
or nationalised bank and pledging the pass book in favour of the assessing
authority by designation but not by name ; or (c)
in the form of a guarantee by any Scheduled or
nationalised bank, or (d)
by mortgaging any immovable property valuing at least 25
per cent more than the amount of security ; or (e)
in the form of a surety bond executed jointly by the
dealer and two other persons of status and standing as his security jointly and
severally. (2) The assessing authority may direct that
different parts of the security may be furnished in different manner, as may be
specified by him. (3) Subject to the provisions of these Rules, the
manner of furnishing security under sub-section (3-E) of section 7 of the Act
shall be such as may be directed by the assessing authority. (4) The security or additional security referred
to above shall be furnished within 30 days from the date of service of the
order demanding the same. (1)
The appellate authority for purposes of sub-section (3-H)
of section 7 of the Act shall be the authority having powers to hear an appeal
under the U.P. Sales Tax Act, 1948. (2)
Before filing an appeal against an order passed under
sub-section (2-A) or (3-A) or (3-D) or (3-E) of section 7 of the Act, the
dealer shall deposit a fee at the rate of five rupees for every one thousand
rupees (or part thereof) of the amount of security disputed by him to be
furnished, subject to a maximum or rupees one hundred only. (3)
The procedure of filing and hearing appeals shall be the
same as prescribed for appeal under the U.P. Sales Tax Act, 1948, and the Rules
framed thereunder. The provisions of the U.P.
Sales Tax Act, 1948 and the 2[ U.P. Sales Tax Rules, 1948],
as amended from lime to time, shall, in so far as they are not inconsistent
with the Act, or the rules made thereunder, apply to the dealers liable to
assessment under the Act. [1] Published in U.P. Gazette, (Extra), dated 28-2-1957, vide
Notification No. ST-64 /X-960-(6)-1955, dated 28-2-1957, [2] Substituted by Notification No. ST-II-244/X-3(1)-73, dated November
20, 1973. [3] Substituted by Notification No. ST- 3686/X-960 (6)-55, dated 1st
November, 1958. [4] Sub-rules (3) and (4) Omitted by Notification No.ST-II.244/X-3 (1)
73, dated November 20th, 1973. [5] Rule 4 Substituted by ibid. [6] Inserted by Notification No. ST-2785 /X-960 (6) 57, dated 6.9.1958. [7] Inserted No. ST-D-244 /X-3 (1)-73, dated November 20, 1973. [8] Substituted by Notification No.
S.T.-2-2652/XI-9-(605)-92-Act-74-56-Rules 57-A.M. (First Amendment), 1993,
dated 31st July, 1993, published in U.P. Gazette (Extra), Part IV, (Kha), dated
1st August, 1993. [9] Inserted by ibid. [10] Inserted by Notification No. ST-3686/960 (6) 55, dated 1-10-1958. [11] Sub-rule (4) Substituted by U.P. Central Sales Tax (First
Amendment) Rules, 1975 vide Notification ST-II 6097/X-3 (1) -75, dated
16-12-75, Pub. in U.P. Gazette, Extra., dated 17-12-1975, pp. 2-3. [12] Omitted by Notification ST-II -244/X-3 (1)-73, dated November 20,
1973. [13]Substituted by No.ST-II-244/X-3 (1)-73, dated
November 20, 1973. [14]Inserted by ibid. [15]Inserted by Notification No. ST-3686/960 (6)
55, dated 1-10-1958. [16]Sub-rule (4) Substituted by U.P. Central Sales
Tax (First Amendment) Rules, 1975 vide Notification ST-II 6097/X-3 (1) -75,
dated 16-12-75, Pub. in U.P. Gazette, Extra., dated 17-12-1975, pp. 2-3. [17] Omitted by Notification ST-II -244/X-3 (1)-73, dated November 20,
1973. [18] Omitted by Notification ST-II -244/X-3 (1)-73, dated November 20,
1973. [19] Substituted by No.ST-II-244/X-3 (1)-73, dated November 20, 1973.CENTRAL SALES TAX (UTTAR PRADESH) RULES, 1957
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