(Reserved by the Governor on the 22nd May, 1957 for the consideration of the President, received the assent of the President on the 31st May, 1957 first published in the A.P. Gazette Extra Ordinary, Part IV B.P. 29 dated 1st June, 1957.) An Act to consolidate and amend the laws relating to the levy of general tax on the sale or purchase of goods in the State of Andhra Pradesh. WHEREAS it is expedient to consolidate and amend the laws relating to the levy of general tax on the sale or puchase of goods in the State of Andhra Pradesh. BE it enacted in the Eighth year of the Republic of India as follows:

Read full Act

S.3 Appellate Tribunal

Appellate Tribunal :- (1) The Government shall appoint an Appellate Tribunal consisting of a Chairman and two other members to exercise the functions conferred on the Appellate Tribunal by or under this Act. The Chairman shall be a judicial officer not below the rank of a District Judge and * [of the other two members one shall be an officer of the State Government not below the rank of a Deputy Commissioner of Commercial Taxes, and the other shall be a Chartered Accountant, within the meaning of the Chartered Accountants Act, 1949, or a person possessing the degree of M.Com or B.com., (Hons) of any recognised university in India for atleast

S.4 Appointment of [Commissioner of Commercial Taxes, [Additional Commissioner of Commercial Taxes,] Joint Commissioner of Commercial Taxes], Appellate Deputy Commissioners of Commercial Taxes, Deputy Commissioners of Commercial Taxes [Assistant Commissioners of Commercial Taxes], Commercial Tax Officers and [Deputy Commercial Tax Officers]

* [Appointment of * [Commissioner of Commercial Taxes, * [Additional Commissioner of Commercial Taxes,] Joint Commissioner of Commercial Taxes], Appellate Deputy Commissioners of Commercial Taxes, Deputy Commissioners of Commercial Taxes * [Assistant Commissioners of Commercial Taxes],

S.4-A Powers of subordinate officers to be exercised by higher authorities

* [Powers of subordinate officers to be exercised by higher authorities :- The powers conferred by this Act and the rules made thereunder on any of the officers appointed under Section 4 of this Act may also be exercised by any of the officers superior to the officers so empowered, subject to any instructions issued by the Commissioner of Commercial Taxes in this regard.]

S.5 Levy of tax on sales or purchases of goods

Levy of tax on sales or purchases of goods :- * [ (1) Save as otherwise provided in this Act every dealer shall pay tax under this Act for each year on every rupee of his turnover of sales or purchases of goods in each year irrespective of the quantum of his turnover at the rates of tax and at the points of levy specified in the Schedules.

(3) For the purpose of this section and the other provisions of this Act, the turnover which a dealer shall be liable to pay tax shall be determined after making such deductions from his total turnover, and in such manner as

S.5-A Levy of tax on turnover

* [Levy of tax on turnover:- (1) Notwithstanding anything contained in this Act, tax shall be levied at the rate of * [one paise on every rupee of turnover of a dealer, other than the dealers mentioned in sub-section(1-A)] whose total turnover in a year exceeds rupees ten lakhs:

Provided that the tax shall not be levied under this section on that part of the turnover of any dealer on which the dealer is liable to pay tax at the point of levy * [specified in the First Schedule,except petrol, diese

S.5-AA Levy of tax on trade mark holder

* [Levy of tax on trade mark holder :- Notwithstanding anything contained in this Act whenever a dealer, who holds the trade mark or the patent thereof, sells goods other than the declared goods at any point of sale other than first point of sale, he shall be deemed to be the first seller in the State and he shall be liable to pay tax accordingly and for determining the tax due to be paid by him, the tax levied and collected at the preceding point of sale if any, on the same goods shall be deducted from the tax payable by him at that point of sale.]

S.5B Levy of concessional tax in respect of certain goods

*

[5-B. Levy of concessional tax in respect of certain goods :- (1) Notwithstanding anything contained in this Act, every dealer shall pay tax at the rate of 4 paise in the rupee or at the rates specified in Section 5 in respect of goods other than declared goods, or under Section 6 in respect of declared goods, whichever is lower, on the turnover relating to such sale in the following circumstances, namely:-

(a) when a dealer sells any goods to another dealer for use by the latter as raw material, component part, sub_assembly part, intermediate part and packing material in the manufacture or processing of goods

S.5-C Tax in respect of supply of articles of food or drink in restaurants or catering houses or hotels

* [Tax in respect of supply of articles of food or drink in restaurants or catering houses or hotels :-Notwithsteanding anything contained in Ssection 5 or Section 6, Every dealer running any restaurant or eating house or hotel (by whatever name called), who supplies, by way of or as part of any service or in any other manner whatsoever of goods, being food or any other article for human consumption or any drink (whether or not intoxicating) and whether or not such goods have suffered tax under the Act. where such supply or service is for cash, deferred payment or other valuable consideration shall on the total amount charged by the said

S.5-D Assessment and Re assessment in certain cases

* [Assessment and Re assessment in certain cases :-

(1) Notwithstanding anything in any judgment, decree or order of any Court or any other authority, the assessing authority may assess or reassess the amount of tax payable by

(a) any dealer running a restaurant or any eating house or hotel (by whatever name called) in the course of business at any time on or after the 7th day of September, 1978 and before the 2nd February, 1983 or

(b) any dealer running an establishment not being a restaurant or an eating house or a hotel (by whateve

S.5-E Tax on the amount realised in respect of any right to use goods

* [5-E Tax on the amount realised in respect of any right to use goods :- Notwithstanding anything contained in this Act; -

(a) Every dealer who transfers the right to use any goods for any purpose, whatsoever, whether or not for a specified period, to any lessee or licensee for cash, deferred payment or other valuable consideration, in the course of his business shall, on the total amount realised or realisable by him by way of payment in cash or otherwise on such transfer or transfers of the right to use such goods from the lessee or licensee, pay a tax at the rate of five paise in every rupee of the ag

S.5-F Levy of tax on transfer of property in goods involved in the execution of works contract

* [Levy of tax on transfer of property in goods involved in the execution of works contract :- Notwithstanding anything contained in Section 5 or Section 6, every dealer shall pay a tax under this Act for each year, on his turnover of transfer of property in goods whether as goods or in some other form involved in the execution of works contract, at the rate of six paise on every rupee of his turnover.

Provided that tax shall be paid at the rate of four paise on every rupee of his turnover pertaining to declared goods, if the goods have not suffered tax earlier, and no tax

S.5-G Composition of tax payable under Section 5F

* [Composition of tax payable under Section 5F:- (1) Subject to such conditions and in such circumstances as may be prescribed if a dealer, who executes any works contract other than the category of contracts notified by the Government under sub-section (2), so opts, the assessing authority of the area may accept, in lieu of the amount of tax payable by him under the Act during the year, by way of composition, an amount at the rate of two paise on every rupee of the total amount paid or payable to the dealer towards execution of the works contract:

Provided that no tax shall be payable under this section on

S.5-H Deduction of tax at Source

* [Deduction of tax at Source :- * [(1) Notwithstanding anything contained in this Act the Central Government or the State Government or an industrial, commercial or trading undertaking of the Central Government or of the State Government or a local authority or a statutory body; or a company registered under Companies Act, 1956 or any other person which the Government may notify from time to time, shall deduct from out of the amounts payable by them to a dealer in respect of works contract executed for them, * [an amount cal

S.6 Tax in respect of declared goods

Tax in respect of declared goods :- Notwithstanding anything contained in section 5, the sales or purchases of declared goods by a dealer shall be liable to tax at the rate, and only at the point of sale or purchase specified against each in the * [third Schedule on his turnover of such sales or purchases for each year] irrespective of the quantum of his turnover in such goods; and the tax shall be assessed levied and collected in such manner as may be prescribed.

* [Provided that where any such goods on which a

S.6-A Levy of tax on turnover relating to purchase of certain goods

* [6-A Levy of tax on turnover relating to purchase of certain goods:-

Every dealer, who in the course of business:

(i) purchases any goods (the sale or purchase of which is liable to tax under this Act) from a registered dealer in circumstances in which no tax is payable under section 5 or under section 6, as the case may be, or.

(ii) purchases any goods (the sale or purchase of which is liable to tax under this Act) from a person other than a registered dealer, and

* [ x x x x]

S.6-C Levy of tax on packing material

* [Levy of tax on packing material :- Notwithstanding anything contained in Section 5, Section 5F Section 6 and Section 6A, the rate of tax on packing material sold with the goods shall be the same as that of the goods packed or filled, whether or not there is separate sale or agreement for sale for the packing material and the goods packed or filled.]

S.7 Stage of levy of taxes in respect of imported and exported goods

Stage of levy of taxes in respect of imported and exported goods :- * [....] Where in the case of any goods tax is leviable at one point in a series of sales or purchases, such series shall

(a) in the case of goods imported into the State either from outside the territory of India or from any other State in India, be deemed to commence at the stage of the sale or purchase effected immediately after the import of such goods.

(b) in the case of goods exported out of the State to anyplace outside the territory of India or to an

S.7A Burden of proof and liability of the dealer to pay [tax and penalty]

* [7-A. Burden of proof and liability of the dealer to pay * [tax and penalty]

(1) In the case of an assessment made under sub section (2) of section 5, section 6 or the notification issued under section 9, the burden of proving that any sale or purchase effected by a dealer is not liable to any tax or is liable to be taxed at a reduced rate shall lie on the dealer.

* [1-A) Notwithstanding anything contained in this Act, or in any othe

S.8 Exemption from tax in respect of certain goods

Exemption from tax in respect of certain goods :- Subject to such restrictions and conditions as may be prescribed * [xxxx] a dealer who deals in the goods specified in the * (Fourth Schedule) shall be * [exempt from tax under this Act) in respect of such goods.

Power of State Government to notify exemptions and reductions of tax * [or interest] :- (1) The State Government may, by notification in the Andhra Pradesh Gazette, make an exemption, or reduction in rate, in respect of * [any tax or interest] payable under this Act -

(i) on the sale or purchase of any specified class of goods, at all points or at any specified point or points in series of sales or purchases by successive dealers;or

(ii) by any specified class of persons, in regard to

S.10 [ x x x x ]

* [ x x x x ]

S.11 [ x x x x]

* [ x x x x]

S.12 Registration of Dealers

* [Registration of Dealers :- (1) Every dealer (other than casual trader) whose total turnover in any year is not less than Rs.50,000 shall and any other dealer may get himself registered under this Act.

* [1-A. Notwithstanding anything contained in this section any dealer who purchases goods inside the State and sells the same to consumers on retail basis and who does not issue declarations in Form-X in respect of sales or purchases effected by him and who is not registered under Central Sales Tax Act, 1956 (Act No.74 of 1956) shall be registered as a

S.12-A x x x x]

* [ x x x x]

S.12-B x x x x ]

* [ x x x x ]

S.13 Submission of return of turnover by dealer

Submission of return of turnover by dealer :- Every dealer * [who is liable to get himself registered under Section 12 * [ ] under] this Act shall submit such return or returns relating to his turnover, in such manner, within such period, and to such authority as may be prescribed.

S.13-A Penalty for failure to submit returns

* [Penalty for failure to submit returns :- If any dealer who is not liable to pay tax under this Act, fails to submit a return as required by the provisions of this Act or the rules made thereunder, the assessing authority may after giving the dealer a reasonable opportunity of being heard direct him to pay by way of penalty * [a sum calculated at the rate of one hundred rupees for every day of delay in filing return.]

S.13-B Submission of returns by Banks

Submission of returns by Banks :- Every scheduled bank including any branch of such bank or any banking institution in the State shall, at the request of the assessing authority concerned, submit in each month a return in the prescribed form, of all bills relating to goods discounted, cleared or negotiated and the payment and receipts relatable to the sale or purchase of goods transacted by or through it during the preceding month, in such manner and within such period as may be prescribed].

S.13-C Issue of Bills

* [Issue of Bills:- (1) Every dealer whose total turnover is not less than rupees two lakhs in a year, shall issue a bill or cash memorandum in such form and with such details of tax collected as may be prescribed, for every sale involving an amount not less than rupees one hundred:

Provided that every dealer including a dealer whose turnover is less than rupees two lakhs shall issue a sale bill in the proforma prescribed, irrespective of the amount of sale, when demanded by the buyer.

* [(2) Every dealer who vio

S.14 Assessment of tax

Assessment of tax :- (1) If the assessing authority is satisfied that any return submitted under section 13 is correct and complete, he shall assess the amount of tax payable by the dealer on the basis thereof, but if the return appears to him to be incorrect or incomplete he shall, after giving the dealer a reasonable opportunity of proving the correctness and completeness of the return submitted by him and making such inquiry as he deems necessary, assess to the best of his judgment, the amount of tax due from the dealer. An assessment under this section shall be made only within a period of

S.14-A Assessment in cases of price variations

* [Assessment in cases of price variations :- (1) Notwithstanding anything contained in Section 14,

(a) if a dealer receives in any year any amount due to price variations which would have been included in his turnover for any previous year if it has been received by him in that year, he shall within thirty days from the end of the year in which such amount is received submit a return in such from as may be prescribed to the assessing authority and thereupon the assessing authority shall proceed to assess the tax payable on such amount;

(b) If the assessing authority is satisfied that any retur

S.14-B Assessment of sales shown in accounts at low prices

Assessment of sales shown in accounts at low prices :- * [(1) If the assessing authority is satisfied that a dealer has, with a view to evade the payment of tax, shown in his account sales or purchases of any goods at prices which is less than fair market price of such goods, it may, at any time within a period of * [three years]from the date on which any order of assessment was served on the dealer, assess or re assess the dealer to the best of the judgment on the turnover of such sales or purchases after making such enquiry as may be necessary and after giving the deale

S.14-C Special provision to pay tax on total turnover

* [Special provision to pay tax on total turnover :- (1) Subject to the conditions specified in sub sections (2) to (5) of this section any dealer other than a casual trader or an agent of a non resident dealer or a dealer who is registered under Section 7 of the Central Sales Tax Act, 1956 whose total turnover does not exceed rupees five lakhs for the assessment year concerned, may at his option. pay the amount of tax at the rate of two percent of the total turnover, in lieu of tax payable under the other provisions of this Act.

(2) The provisions of this section shall not apply t

S.14-D Self Assessment

Self Assessment :- (1) Every dealer (other than a casual trader or a dealer who opted for payment of tax under Section 14C or agent of a non resident dealer) * [whose total turnover in a year exceeds rupees ten lakhs but does not exceed rupees twenty five lakhs], in addition to the returns to be filed under Section 13 shall, * [submit to the assessing authority concerned a return of his total and net turnovers and tax due thereon at all places of his business in the preceding year within such time] in such form and in such manner, as may be prescribed along with the tax due has been comple

S.14-E Self assessment of dealers with a turnover less than rupees ten lakhs

* [Self assessment of dealers with a turnover less than rupees ten lakhs:- * [(1) Any dealer * [whose turnover in a year does not exceed rupees * [forty lakhs] or a dealer registered under sub-section (1-A) of Section 12] and liable to file a return under Section 15, shall submit to the assessing authority, * [within ninety days] from the close o

S.15 Provisional assessment of tax

Provisional assessment of tax :- (1) The tax payable under this Act for each year may be provisionally assessed in advance during the year in monthly or other prescribed instalments on the basis of estimated or actual turnover of the dealer; and for that purpose a dealer may be required to submit a return or periodical return of estimated or actual turnover * [and pay the tax on the basis of such return or periodical returns, in such manner as may be prescribed.)

(2) If the assessing authority has reason to believe that the p

S.15-A Assessment of tax on Casual Traders

* [Assessment of tax on Casual Traders :- Notwithstanding anything in sections 14 and 15, it shall be open to an assessing authority, including the officer in charge of the check post or barrier referred to in Section 29 to make a provisional or final assessment on a casual trader on the turnover of the purchase, or the sale of the goods, effected by him , in accordance with such rules as may be made in this behalf.)

S.15-B Discontinuance of business or dissolution

* [Discontinuance of business or dissolution :- (1) Where any business carried on by a firm, a Hindu undivided family or an association has been discontinued or the firm, Hindu undivided family or association has been dissolved, the assessing authority shall make an assessment of the turnover of the firm, Hindu undivided family, or association, as the case may be, as if no such discontinuance or dissolution had taken place and all the provisions of this Act, including the provisions relating to the levy of a penalty or any other sum chargeable under any provision of this Act, shall, so far as may be, apply to such assessment.

Payment of tax and other dues payable under the Act :- (1) * [The tax assessed, whether provisionally or finally and the penalty levied under the provisions of this Act] shall be paid by the dealer in such manner, and within such time, not being less than fifteen days from the date of service of the notice of assessment or of the levy of penalty, as may be specified in such notice:

* [Provided that the time limit of fifteen days for a

S.16-A Liability in case of firms

* [Liability in case of firms :- Where any firm is liable to pay any tax or other amount under this Act, the firm and each of the partners of the firm shall be jointly and severally liable for such payment.

S.16-B Liability of directors of private company in liquidation

Liability of directors of private company in liquidation :- When any private company is wound up and any tax assessed on the company under this Act for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of the private company at any time during the period for which the tax is due, shall be jointly and severally liable for the payment of such tax, unless he proves that the non recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company.]

S.16-C Liability under this Act to be the first charge

* [Liability under this Act to be the first charge :- Notwithstanding anything to the contrary contained in any law for the time being in force, * [any amount of tax, Government loan extended to the dealer due to treating deferred tax as deemed to have been paid, penalty, interest] and any other sum if any, payable by a dealer or any other person under this Act, shall be the first charge on the property of dealer, or such person.

S.17 Recovery of tax and other dues payable under the Act from persons from whom money is due to the dealer

Recovery of tax and other dues payable under the Act from persons from whom money is due to the dealer :- (1) The assessing authority, may at any time or from time to time, by notice in writing * (a copy of which shall be forwarded to the dealer at his last address known to the assessing authority) require any person from whom money is due or may become due to the dealer, or any person who holds or may subsequently hold money for, or on account of the dealer, to pay to the assessing authority either forthwith if the money has become due or is so held, or within the time specified in the notice (but not before the money becomes due or is h

S.17-A Transfers to defraud revenue void

* [Transfers to defraud revenue void :- Where during the pendency of any proceeding under this Act, or after the completion thereof any dealer creates a charge on, or parts with the possession by way of sale, mortgage, gift, exchange or any other mode of transfer whatsoever of any of his assets in favour of any other person, with the intention to defraud the revenue, such charge or transfer shall be void as against any claim in respect of any tax, or any other sum payable by the dealer as a result of the completion of the said proceeding or otherwise:

Provided that, such charge or transfer shall not be void

S.17-B Provisional attachment of property to protect revenue in certain cases

* [Provisional attachment of property to protect revenue in certain cases :- (1) Where, during the pendency of any proceeding for the assessment of any turnover or for the assessment or reassessment of any turnover which has escaped assessment, the assessing authority is of the opinion that for the purpose of protecting the interest of the revenue it is necessary so to do, he may with the previous approval of the Commissioner, by order in writing, attach provisionally in the prescribed manner any property belonging to the assessee.

(2) Every such provisional attachment shall cease to have effect af

S.17-C Special powers of Deputy Commissioner under the Revenue Recovery Act

* [Special powers of Deputy Commissioner under the Revenue Recovery Act :- (1) A Deputy Commissioner shall have the powers of a Collector under the Andhra Pradesh Revenue Recovery Act, 1864 for the purpose of recovery of any amount due under this Act.

(2) Subject to the provisions of sub section (3) all Deputy Commercial Tax Officers shall, for the purposes of recovery of any amount due under this Act, have the powers of the Mandal Revenue Officer under the Andhra Pradesh Rent and Revenue Sales Act, 1839 for the sale of property distrained for any amount due under this Act.

Recovery of tax where business of a dealer is transferred :- Where ownership of the business of a dealer liable to pay tax is transferred, any tax or other amount payable under this Act in respect of such businss and remaining unpaid at the time of the transfer, may without prejudice to any action that may be taken for its recovery from the transferor, be recoverable from the transferee as if he were the dealer liable to pay such tax or other amount.

S.19 Appeals

Appeals :- (1) Any dealer objecting to any order passed or proceeding recorded by any authority under the provisions of this Act * [other than an order passed or proceeding recorded by a * [an Additional Commissioner or Joint Commissioner, Deputy Commissioner under * [sub section (4 C) of Section 14 ] may within thirty days from the date on which the order or proceeding was served on him, appeal to such authority as may be prescribed:

Revision by * (Commissioner of Commercial Taxes) and other prescribed authorities:- (1) The * [Commissioner of Commercial Taxes) may suo motu call for and examine the record of any order passed or proceeding recorded by any authority, officer or person subordinate to it, under the provisions of this Act, including sub section (2) of this section * [and if such order or proceeding recorded is prejudicial to the interests of revenue, may make such enquiry, or cause such e

S.21 Appeal to the Appellate Tribunal

Appeal to the Appellate Tribunal :- (1) Any dealer objecting to an order passed or proceeding recorded -

(a) by any prescribed authority on appeal under Section 19, or

(b) by a * [Additional Commissioner or joint Commissioner or Deputy Commissioner) suo motu under * [sub section (4-C)] of Section 14 or under sub section (2) of section 20, may appeal to the Appellate Tribunal within sixty days from the date on which the order or proceeding was served on him.

Terms and conditions of Chairman, Vice-Chairman and member:- (1) The Chairman, Vice-Chairman, and Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.

(2) The salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chairman, Vice-Chairman and the Member shall be the same as those applicable to a Judge of the High Court :

Provided that neither the salary and allowances nor the other terms and conditions of service of the

S.21-D Procedure of the Appellate Tribunal

Procedure of the Appellate Tribunal :- (1) Subject to the provisions of this Act or any rule made thereunder, the Special Appellate Tribunal may, by order, regulate its practice and procedure.

* [(2) No appeal shall be entertained by the special Appellate Tribunal unless the assessee pays the tax admitted to be due from him.]

Provided that if as a result of the appeal, any change becomes necessary in the assessment, the Special Appellate Tribunal may authorise the assessing authority to amend the assessment and on such amendment being made, the excess amount paid by the asses

S.21-E Bar of jurisdiction of all Courts except the Supreme Court

Bar of jurisdiction of all Courts except the Supreme Court:- Notwithstanding any thing contained in any other law, the jurisdiction of all Courts except the Supreme Court, is excluded with respect to any matter which is by or under this Act required to be decided or dealt with by the assessing authority, the Assistant Commissioner, the Appellate Deputy Commissioner, the Joint Commissioner of Commercial Taxes, The Commissioner of Commercial Taxes, the Appellate Tribunal or the Special Appellate Tribunal.

S.21-F Bar of writ in High Court

Bar of writ in High Court :- No writ shall lie in the High Court to set aside or modify any proceedings or order taken or made by any authority, officer or Tribunal referred to in Seciton 21-E under this Act or with respect to any other matter which is by or under this Act, required to be decided or dealt with by the said authority, officer or Tribunal.]

S.22 Revision by [Special Appellate Tribunal]

Revision by * [Special Appellate Tribunal] :- (1) Within ninety days from the date on which an order under sub section (4) of section 21 was communicated to him the dealer or the authority prescribed in this behalf may prefer to the * [Special Appellate Tribunal] against the order on the ground that the Appellate Tribunal has either decided erroneously, or failed to decide, any question of law:

Provided that the * [Special Appellate Tribunal] may admit a petition pre

S.23 Appeal to [Special Appellate Tribunal]

Appeal to * [Special Appellate Tribunal] :- ( 1) Any dealer objecting to an order relating to assessment passed by the (Commissioner of Commercial Taxes suo motu under sub-section (1) of Section 20 [Joint Commissioner suo motu under sub-section (4-C) of section 14 or under sub-section (2) of section 20] may appeal to the * [Special Appellate Tribunal] within sixty days from the date on which the order was communicated to him.

Provided that the * [Speci

S.24 Petitions, applications and appeals to High Court to be heard by a Bench of not less than two judges

Petitions, applications and appeals to High Court to be heard by a Bench of not less than two judges :- Every petition, application or appeal preferred to the High Court under sections 22 and 23 shall be heard by a Bench of not less than two judges, and in respect of such petition, application or appeal, the provisions of Section 98 of the Code of Civil Procedure, 1908 (Central Act v of 1908), shall, so far as may be, apply.

S.24-A Limitation in respect of certain assessments or re-assessments orders

* [Limitation in respect of certain assessments or re-assessments orders :- Notwithstanding anything in sections 14 and 20 where an assessment, re assessment, rectification in or revision of an assessment is made in respect of an assessee or any person, in pursuance or in consequence of or to give effect to any finding or direction contained in an order under section 19, section 20, section 21, section 22 or section 23 or in an order of any court in a proceeding, otherwise than by way of appeal or revision under this Act, such assessment, re assessment, rectification in or revision of an assessment shall be made within three years from the date

S.25 Maintenance of true and correct accounts and records by dealers, etc

Maintenance of true and correct accounts and records by dealers, etc :- Every person licenced or registered under this Act, every dealer liable to get himself registered under this Act, and every other dealer who is required so to do by the prescribed authority by notice served in the prescribed manner, shall keep and * [maintain a true and correct account promptly] in any of the languages specified in the Eighth Schedule to the Constitution, or in English showing such particulars as may be prescribed; and different particulars may be prescribed

* [Possession and submission of certain records by owners, etc. of boats :- The owner or other person in charge of a boat shall carry with him, -

(i) bill of sale or delivery note.

(ii) log book, and

(iii) such other documents as may be prescribed, relating to the goods under transport and containing such particulars as may be prescribed and shall submit to the Commercial Tax Officer, having jurisdiction over the area in which the goods are delivered, the documents aforesaid or copies thereof within such time

S.27 Possession and submission of certain records by owners, etc. of goods vehicles

Possession and submission of certain records by owners, etc. of goods vehicles :-The owner or other person in charge of a goods vehicle shall carry with him

(i) bill of sale or delivery note,

(ii) goods vehicle record or trip sheet, and

(ii) such other documents as may be prescribed.

relating to the goods under transport and containing such particulars as may be prescribed and shall submit to the Commercial Tax Officer, having jurisdiction over the area in which the goods are delivered the documents aforesaid or copies

S.28 Powers to order production of accounts and powers of entry, Inspection, etc

Powers to order production of accounts and powers of entry, Inspection, etc :- (1) any Officer * [not below the rank of an Assistant commercial Tax Officer]authorised by the State Government in this behalf may for the purposes of this Act, require any dealer to produce before him the accounts, registers and other documents, and to furnish any other information relating to his business.

(2) All accounts, registers and other documents maintained by a dealer in the course of his business, the goods in his possession, and his offices, shops, godowns, vessels or vehicles shall be open to inspection

* [Acquisition of the goods:- (1) Where the authority prescribed has reason to believe that any goods of a fair market value exceeding five thousand rupees have been sold or purchased by a dealer, to or from another dealer or person, as the case may be, for a consideration which is less than fair market price of the goods and that consideration for such sale or purchase as agreed to between the parties has not been truly stated in the invoice or delivery challan or any other document relating thereto, with the object of facilitating the reduction or evasion of the tax payable under this Act, the authority prescribed may, subject to the provisions

S.29 Establishment of check post or barrier and inspection of goods while in transit

Establishment of check post or barrier and inspection of goods while in transit :- (1) * [If the State Government or the] * [Commissioner of Commercial Taxes] consider it necessary that with a view to prevent or check evasion of tax under this Act in any place or places in the State, it is necessary so to do, * [the State Government] or the * [(Commissioner of Commercial Taxes] may by notification direct the setting up of a check post or the erection

S.29-A Power to inspect goods delivered to a carrier or bailee

* [Power to inspect goods delivered to a carrier or bailee :- Where a carrier or bailee to whom goods are delivered for transmission, before delivery is taken from him keeps the said goods in any office shop, godown, vessel, receptacle, vehicle or any other place, any officer empowered by the Government in this behalf, shall have power to enter into and search such office, shop, godown, vessel, receptacle, vehicle or other place of business or building or place, and to examine the goods and inspect all records relating to such goods. The carrier or bailee or the person in charge of the goods and records sh

S.29-B Transit of goods by road through the State and issue of transit pass

* [Transit of goods by road through the State and issue of transit pass :- Where a vehicle, carrying goods, coming from any place outside the State and bound for any other place outside the State, pass through the State, the driver or other person in charge of such vehicle shall obtain in the prescribed manner a transit pass from the officer in charge of the first check post barrier after his entry into the State o deliveryand it to the officer in charge of the last check post or barrier before his exit from the State, failing which it shall be presumed that the goods carried thereby have been sold within the State by the owner or person in charg

S.30 Offences and penalties

Offences and penalties :- (1) Any person who

(a) fails to pay within the time allowed, any tax assessed on him or any penalty levied, or any fee due from him, under this Act; or

(b) being a person obliged to register himself as a dealer under this Act, does not get himself so registered; or

(c) wilfully acts in contravention of the provisions of this Act or the rules made thereunder shall on conviction be liable to be punished with fine * [which shall

S.30-A Imposition of penalty for failure to keep and maintain true and correct accounts

* [Imposition of penalty for failure to keep and maintain true and correct accounts :- If any dealer who is required so to do by the prescribed authority by a notice served on him fails in contravention of section 25, to keep true and correct account of the value of goods purchased or sold by him or fails when directed so to do under that section, to keep any account or records in accordance with the directions, he shall be liable to pay, in addition to any tax for which may be liable, a penalty of an amount not exceeding rupees two thousand or doub

S.30-B Prohibition against collection of tax in certain cases

* [Prohibition against collection of tax in certain cases :- (1) No dealer shall collect any sum by way of tax, in respect of sale or purchase of any goods which are not liable to tax under this Act.

(2) No person, other than a dealer, shall collect on the sale or purchase of any goods, any sum by way of tax from any other person and no dealer shall collect any amount by way of tax in excess of the amount of tax already paid by him, if any, at the time of purchase by him and payable by him on the sale by him under the provisions of this Act.

(3) Nothing in sub section (2)

S.30-C Imposition of penalty for contravening certain provisions

Imposition of penalty for contravening certain provisions :- (1) If any person collects tax in contravention of the provisions of Section 30B, any sum so collected shall be forfeited either wholly or partly to the State Government and in addition he shall be liable to pay a penalty of an amount not exceeding two thousand and five hundred rupees:

* [Provided that the assessing authority shall not levy penalty if it is evident that due to bona fide mistake the dealer collected tax in contravention of the provisions of Section 30-B and the tax so collected in excess has been remitted to the Government along wi

S.30-D Penalty for abettors

* [30-D Penalty for abettors :- Whoever abets the commission of any offence under this Act, shall be punished with the punishment provided for the offence.]

S.31 Cognizance of offences

Cognizance of offences :- (1) No Court other than the Court of a Magistrate of the first class shall take cognizance of, or try an offence under this Act.

(2) No prosecution for offence under sub section (2) of section 30, or for any second or subsequent offence under sub section (3) of that section, shall be instituted except with the written consent of the * [Deputy Commissioner] having jurisdiction over the area.

S.32 Composition of offences

Composition of offences :- (1) the prescribed authority may accept, from any person who has committed or is reasonably suspected of having committed an offence under this Act, by way of composition of such offence

(a) where the offence consists of the failure to pay or the evasion of any tax, recoverable under this Act, in addition to the tax so recoverable, a sum of money not exceeding * [three thousand rupees] or double the amount of the tax recoverable, whichever is greater, and

(b)

S.33 Refunds

Refunds :- The assessing authority or the licensing authority, as the case may be, shall refund the tax or the licence fees, if any, paid provisionally by an assessee or licensee for any particular period, if it is found to be in excess of the tax or the licence fees payable by him for the said period, or at the option of the assessee or licensee, adjust such excess towards any tax or licence fees due in respect of any other period:

Provided that the assessing or licensing authority, as the case may be, may 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

S.33-A Form of claim for refund and limitation

* [Form of claim for refund and limitation :- (1) Every claim for refund under section 33 shall be made by the assessee or licensee in such form and verified in such manner as may be prescribed, on or after the date on which the tax or the licence fees in respect of which the claim is made was directed to be refunded.

(2) No such claim shall be allowed unless it is made within three years from the date specified in sub section (1).

S.33-B Refund on appeal etc

Refund on appeal etc :- Where as a result of any order passed in appeal or other proceeding under this Act, refund of any amount becomes due to the assessee or licensee, the assessing or licensing authority shall refund the amount to the assessee or licensee without his having to make any claim in that behalf, or adjust or apply, such amount as provided in section 33.

S.33-BB Non refund of tax in certain cases

* [Non refund of tax in certain cases :- Where a levy and collection of tax is held invalid by any judgment or order of a Court or Tribunal, it shall not be necessary to refund any such tax to the dealer unless it is proved by the dealer to the satisfaction of the assessing authority that the tax has not been collected from the purchaser]

S.33-C Power to withhold refund in certain cases

Power to withhold refund in certain cases :- Where an order giving rise to a refund to an assessee or licensee is the subject matter of an appeal or further proceeding, or where any other proceeding under this Act is pending, and the assessing or the licensing authority is of the opinion that the grant of the refund is likely to adversely affect the revenue, the assessing or the licensing authority may, with the previous approval of the Deputy Commissioner, withhold the refund till such time as the Deputy Commissioner may determine.

S.33-D Correctness of assessment not to be questioned

Correctness of assessment not to be questioned :- In a claim for refund under section 33, it shall not be open to the assessee or the licensee to question the correctness of any assessment or other matter decided, which has become final and conclusive, or seek for a review in respect thereof, and the assessee or the licensee shall not be entitled to any relief on such claim except the refund of tax or licence fees wrongly paid or paid in excess.

S.33-E Interest on delayed refunds

Interest on delayed refunds :- (1) If the assessing authority or the licensing authority does not grant the refund within * [six months]from the date on which the claim for refund is made by the assessee or licensee under section 33 A, the State Government shall pay the assessee or licensee simple interest at * [twelve percent] per annum on the amount directed to be refunded from the date immediately following the expiry of the period of * [six m

S.33-F Interest on refund where no claim need be made

Interest on refund where no claim need be made :- (1) Where a refund is due to the assessee or licensee in pursuance of an order referred to in section 33 B and the assessing or the licensing authority does not grant the refund within a period of * [six months]from the date of such order, the State Government shall pay to the assessee or the licensee simple interest at * [twelve percent] per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted.

(2)

S.34 Power to summon witnesses and production of documents

* [Power to summon witnesses and production of documents :- (1) an assessing authority or an appellate or revising authority including the Appellate Tribunal or any Officer of the Commercial Taxes Department not lower in rank than an Assistant Commercial Tax Officer shall, for the purpose of this Act, have all the powers:

(a) to summoning and enforcing the attendance of any person and examining him on oath or affirmation and

(b) compelling the production of any document.

(2) Without prejudice to the provisions of any other law

S.34-A Power to get information

* [Power to get information :- (1) Any assessing authority or appellate or revising authority under this Act may, by writing, require any person or authority to furnish such information, particulars or records available with that person or authority as will be useful or relevant to any proceeding under this Act.

(2) The person or authority from whom such information, particulars or records is or are required under Sub section (1) shall furnish, within a reasonable time, the information, particulars or records available.

S.35 Appearance before any authority in proceedings

Appearance before any authority in proceedings :- Any person who is entitled to appear before any authority other than the High Court in connection with any proceedings under this Act, may be represented before such authority

(a) by his relative or a person regularly employed by him, if such relative or person is duly authorised by him in writing in this behalf; or

(b) by a legal practitioner; or

* [(c) subject to such conditions as may be laid down by the rules in that regard by a Chartered Accountant within the meaning of the Charte

S.36 Bar of Jurisdiction of Courts

Bar of Jurisdiction of Courts :- Save as otherwise expressly provided in this Act, no Court shall entertain any suit, or other proceeding to set aside or modify, or question the validity of any assessment, order or decision made or passed by any officer or authority under this Act or any rules made thereunder, or in respect of any other matter falling within its or his scope.

S.37 Protection of acts done in good faith

Protection of acts done in good faith :- (1) No suit, prosecution or other proceeding shall lie against any officer or servant of the State Government for any act done or purporting to be done under this Act without the previous sanction of the State Government, and no such suit, prosecution or other proceeding shall be instituted after the expiry of six months from the date of the act complained of.

(2) No officer or servant of the State 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 imposed on him or the discharge of functions entrusted to him by

S.38 Act not to apply to sales or purchases outside the State, in the course of impor or export, etc

Act not to apply to sales or purchases outside the State, in the course of impor or export, etc .:- Nothing contained in this Act shall be deemed to impose or authorise the imposition of a tax on the sale or purchase of any goods, where such sale or purchase takes place,

(i) outside the State; or

(ii) in the course of the import of the goods into, or export of the goods out of the territory of India; or

(iii) in the course of inter State trade or commerce.

Explanation :- The provisions of Chapter II of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), shall a

S.38-A Provision in the case of defective or irregular proceedings

* [Provision in the case of defective or irregular proceedings :- No assessment made,penalty or compounding fee levied or other order passed by any officer or authority under this Act, shall be set aside merely on account of any defect or irregularity in the procedure relating thereto, unless it appears that such defect or irregularity has in fact occasioned material hardship or failure of justice.

S.38-AA Rounding off of turnover

* [Rounding off of turnover :- The amount of turnover shall be rounded off to the nearest multiple often ruppes and for this purpose any part of a rupee consisting of paise shall be ignored and thereafter if such amount is not a multiple of ten, then, if that last figure in the amount is five or more, the amount shall be increased to the next higher amount which is multiple of ten and if the last figure is less than five, the amount shall be reduced to the next lower amount which is a multiple of ten; and the amount so rounded off shall be deemed to be total turnover of the assessee for the purposes of this Act.

S.38-B Rounding of tax, etc

* [38-B Rounding of tax, etc :- * [.....] the amount of tax, interest, penalty, or any other sum payable and the amount of refund due under the provisions of this Act shall be rounded off to the nearest rupee and for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, and it shall be increased to one rupee and if such part is less than fifty paise, is shall be ignored.

S.39 Power to make rules

Power to make rules :- (1) The State Government * [may by notification, 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

(a) all matters expressly required or allowed by this Act to be prescribed;

* [(aa) the manner of determination of the amount payable by the dealer in respect of : (i) any transfer of property in goods (whether as goods or in some other form) in

S.40 Power to amend Schedules

* [Power to amend Schedules :- (1) The Government may, by notification, after, add to or cancel any of the Schedules.

(2) Where a notification has been issued under Sub section (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislative Assembly, as soon as may be, but in any case during the next session of the Legislative Assembly following the date of the issue of the notification, a Bill on behalf of the Government, to give effect to the alteration, addition or cancellation, as the case may, be of the Schedule specified in the notification, and the notifi

S.41 Repeal

Repeal :- (1) The Madras General Sales Tax Act, 1939 (Madras Act IX of 1939), The Hyderabad General sales Tax Act 1950, (Hydeabad Act XIV of 1950) The Madras Tobacco (Taxation of Sales and Registration) Act, 1953 (Madras Act IV of 1953), The Andhra General Purchase Tax Act, 1956 (Andhra Act XIII of 1956) and Section 21 A of the Madras Prohibition Act, 1937 (Madras Act X of 1937,) are hereby repealed:

Provided that such repeal shall not affect the previous operation of the said Acts or Section or any right, title, obligation or liability already acquired, accrued or incurred thereunder, and subject thereto, anything done or any action taken (including any appointme

S.42 Power to remove difficulties

Power to remove difficulties :- (1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the corresponding provisions of the Acts inforce immediately before the commencement of this Act, the State Government may, by order in the Andhra Pradesh Gazette, makes such provisions as appear to them to be necessary or expedient or removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act (other wise than in relation to the transition from the provisions of the corresponding Act in force before the commencement of this Act), the State Government may, by or

S.42-A Instructions to Subordinate Officers

* [Instructions to Subordinate Officers :- The Commissioner may, from time to time, issue such orders, instructions and directions not inconsistent with the provisions of this Act or the rules made there under to his subordinate officers as he may deem fit, for the proper administration of the Act and such officers and all other persons employed in the enforcement of the Act, shall comply with such orders, instructions and directions.

Provided that no such orders, instructions shall be such as to interfere with the discretion of any appellate authority in exercise of its appellate functions.

S.43 Non Implementation of penal provision on disclosure

* [Non Implementation of penal provision on disclosure :- Notwithstanding anything contained in this Act, where a dealer

(a) has prior to the detection by any officer of the Commercial Taxes Department, of the concealment of particulars of true and full turnover of his business, voluntarily and in good faith), made between the 1st January, 1987 and the 31st March, 1987;

(b) has, on or before the 31st March, 1987 paid the tax on the full turnover, and

(c) has cooperated in an enquiry if any, relating to the assessment

S.2 Definitions

Definitions :- (1) In this Act, unless the context otherwise requires:

* [(a) ' Appellate Deputy Commissioner' means any person appointed to be an Appellate Deputy Commissioner of Commercial Taxes under Section 4;

(aa) ' Appellate Tribunal' means the Tribunal appointed under Section 3;]

* [(aaa) "Additional Commissioner" means any preson appointed to be an Additional Commissioner of Comm

S.1 Short title, extent and commencement

Short title, extent and commencement :- This Act may be called the Andhra Pradesh General Sales Tax Act, 1957.

(2) It extends to the whole of the State of Andhra Pradesh

(3) This section shall come into force at once; and the rest of this Act shall come into force on such * date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.