[ 833 ]
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No. 341/Adv./2019-LD.
Puducherry, the 13th October 2021.
NOTIFICATION
The following Act of the Legislative Assembly, Puducherry, received
the assent of the President of India on the 28th day of September, 2021 and
is hereby published for general information.
N. MURUGAVEL,
Under Secretary to Government (Law).
Registered with the Registrar
of Newspapers for India under
No. 10410
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No. 41
Poudouchéry
Mercredi
13
Octobre
2021
No.
Puducherry
Wednesday
13th
October
2021
(21 Asvina 1943)
Registered No.
PY/44/2021-23
834
LA GAZETTE DE L'ETAT
[PART–II
THE PUDUCHERRY SETTLEMENT OF
ARREARS ACT, 2020
(Act No. 5 of 2021)
(28-09-2021)
AN
ACT
to provide for settlement of arrears of tax,
penalty and interest which were levied,
payable or imposed, respectively under
Pondicherry General Sales Tax Act, 1967,
Puducherry Value Added Tax Act, 2007
and Central Sales Tax Act, 1956 administered
by the Commercial Taxes Department,
Puducherry and for the matters connected
therewith or incidental thereto.
BE it enacted by the Puducherry Legislative
Assembly in the Seventy-first Year of the Republic
of India as follows:–
1. (1) This Act may be called the Puducherry
Settlement of Arrears Act, 2020.
(2) It extends to the whole of the Union territory
of Puducherry.
(3) It shall come into force on such date,
as the Government, may by notification in the
Official Gazette, appoint.
2. In this Act, unless the context otherwise
requires,–
(a) “Appellate Authority” means, the Appellate
Assistant Commissioner appointed under the Puducherry
Value Added Tax Act, 2007 or the erstwhile Pondicherry
General Sales Tax Act, 1967;
(b) “applicant” means, a dealer as defined
in the relevant Act who is liable to pay arrears of
tax, penalty and interest, levied or imposed under
the relevant Act and who desires to avail the
benefit of settlement, by complying with the conditions,
under this Act;
S h o r t
t i t l e ,
e x t e n t
a n d
commencement.
Definitions.
835
PART–II]
LA GAZETTE DE L'ETAT
(c) “arrears of tax, penalty and interest”
respectively, means–
(i) tax payable by an applicant under
the relevant Act;
(ii) penalty payable by an applicant under
the relevant Act, other than sub-clause (iii)
of this clause.
(iii) penalty payable by an applicant under
sub-section (3) of section 27 of the
Pondicherry General Sales Tax Act, 1967
or section 24A of the Puducherry Value
Added Tax Act, 2007.
(d) “assessing authority" means, an assessing
officer who has jurisdiction over the applicant
under the Puducherry Value Added Tax Act, 2007
or Pondicherry General Sales Tax Act, 1967 and
includes an officer authorized by the Commissioner
in this behalf under the relevant Act;
(e) “Commissioner” means, any person
appointed as the Commissioner of State Tax under
section 3 of the Puducherry Goods and Services
Tax Act, 2017 and includes the Commissioner of
Commercial Taxes appointed under section 3 of
the Puducherry Value Added Tax Act, 2007;
(f) “Government” means, the Government
of Puducherry;
(g) “Relevant Act” means, the following Acts:–
(i) the Central Sales Tax Act, 1956;
(ii) the repealed Pondicherry General Sales
Tax Act, 1967;
(iii) the Puducherry Value Added Tax Act, 2007.
Act No.
9 of
2007.
Act No.
74 of
1956.
Act No.
74 of
1967.
Act No.
9 of
2007.
Act No.
6 of
2017.
836
LA GAZETTE DE L'ETAT
[PART–II
(h) “Revisional Authority” means, the authority
conferred with special powers or powers of revision
under section 35 or 36 or 37 of the Pondicherry
General Sales Tax Act, 1967 or under section 45
or 46 of the Puducherry Value Added Tax Act,
2007, as the case may be.
(i) “Tribunal” means, the Pondicherry Sales
Tax Appellate Tribunal.
(2) Unless there is anything repugnant to
the subject or context, all expressions used in
this Act, which are not defined, shall have the
same meaning as defined or used in the relevant
Act.
3. Subject to the other provisions of this
Act, an applicant may make an application for
settlement of arrears of tax, penalty and interest
in respect of which any assessment is completed
and demand raised under the relevant Act prior
to the 1st day of July 2017:
Provided that if, an appeal or revision or
any case against assessment is pending before
the Tribunal or High Court or Supreme Court, as
on the date of submission of application under
section 4, other than the private complaints filed
by the Government before the Judicial Magistrate
Court, then the demand covered under such assessment
shall not be eligible for settlement.
4. (1) An application for the purpose of
section 3 shall be made to the Assessing Authority
by an applicant within ninety days from the date
of commencement of this Act or by such later
date as the Government may, by notification,
specify, from time to time, in such form, and in
such manner, as may be prescribed.
Eligibility for
settlement.
Application for
settlement.
837
PART–II]
LA GAZETTE DE L'ETAT
(2) The application shall be accompanied
with proof of payment of fifty percent. of the
tax amount remaining unpaid as on the date of
making application under sub-section (1).
(3) The application shall be submitted
separately for each assessment under the relevant
Act.
(4) The applicant shall send a copy of
the application made under sub-section (1) to the
Appellate Authority or the Revisional Authority
under the relevant Act, before whom any appeal
or revision, as the case may be, is pending within
seven days from the date of making such application
before the assessing authority.
5. (1) The assessing authority shall verify
the correctness of the particulars furnished in
the application made under section 4 with reference
to all relevant records and determine the amount
of tax and penalty payable by the applicant at the
rates specified in section 6. The amount so determined
shall be communicated to the applicant in the
prescribed Form within fifteen days from the
date of submission of application by the applicant
under sub-section (1) of section 4.
(2) If, the amount paid by the applicant along
with the application submitted under sub-section (1)
of section 4 falls short of not more than ten percent.
of the amount payable under sub-section (2)
of section 4, then the assessing authority shall
issue a notice to the applicant in the prescribed
Form demanding payment of differential amount
within a period of seven days from the date of
receipt of notice.
Determination of
t h e
a m o u n t
payable by the
applicant and
p a y m e n t
thereof.
838
LA GAZETTE DE L'ETAT
[PART–II
(3) If, the amount paid by applicant
along with the application falls short of more
than ten percent. of the amount payable under
sub-section (2) of section 4 or the applicant fails
to pay the differential amount as per the notice
issued under sub-section (2) within the time allowed,
then the assessing authority shall summarily reject
the application by an order in writing.
(4) The balance tax and penalty amount
as determined by the assessing authority under
sub-section (1) after adjusting all payments made
earlier against the relevant demand including the
amount paid under sub-section (2) of section 4
or sub-section (2) of this section shall be paid
by the applicant within three months from the
date of communication of amount determined by
the Assessing Officer under sub-section (1) without
the requirement of any further notice from the
Assessing Authority.
(5) If, the applicant fails to pay the tax
and penalty amount payable under sub-section (4)
within the period allowed for its payment, the
assessing authority shall reject the application by
an order in writing.
(6) Any payment made under this Act shall
not be refundable. On rejection of application
under sub-section (3) or (5), the amount paid by
the applicant under this Act shall be treated to
have been paid against the respective demand
under the relevant Act.
(7) The amount determined or payable under
this section shall be rounded off to the nearest
rupee and, for this purpose, where such amount
contains a part of a rupee, and, if, such part is
fifty paise or more, it shall be rounded off to the
nearest rupee, and if, such part is less than fifty
paise, it shall be ignored.
839
PART–II]
LA GAZETTE DE L'ETAT
6. (1) Notwithstanding anything contained in
the relevant Act, but, subject to the provisions of
this Act, the applicant applying for settlement
under section 4 shall pay the arrears of tax and
penalty as below:
(a) Tax-one hundred percent. of the amount
remaining unpaid as on the date of application.
(b) Penalty-twenty-five percent. of the amount
remaining unpaid as on the date of application.
(2) On completion of payment under
sub-section (1), the balance penalty and the entire
interest shall be waived.
7. (1) The assessing authority shall, on being
satisfied about the payment of the amount determined
under sub-section (1) of section 5, by an order,
settle the arrears of tax, and penalty and issue
a certificate in such form as may be prescribed,
and thereupon, the applicant shall be discharged
from his liability to make payment of the balance
amount of arrears of penalty and interest.
(2) The certificate under sub-section (1)
shall be issued within fifteen days of payment of
the entire amount determined under sub-section (1)
of section 5 and separate certificate shall be
issued in respect of each application.
(3) The Assessing Authority, for reasons
to be recorded in writing, may refuse to settle
the arrears of tax, penalty and interest:
Provided that no order under this
sub-section shall be passed without giving the
applicant a reasonable opportunity of showing
cause against such refusal.
Rate applicable
in determining
amount payable
and waiver.
Settlement of
arrears and issue
of certificate.
840
LA GAZETTE DE L'ETAT
[PART–II
(4) After a certificate under sub-section (1)
is issued by the Assessing Authority, the Commissioner
may, at any time within one year from the date
of issue of the certificate, call for the record of
such certificate and after noticing an error in
such certificate, in so far as it is prejudicial to
the interest of revenue, may modify the certificate
after allowing the applicant a reasonable opportunity
of showing cause.
8. A certificate issued under section 7 shall
be conclusive as to the settlement to which it
relates, and no matter covered by such certificate
shall be re-opened in any proceeding of review
or revision, or in any other proceeding, under
the relevant Act.
9. (1) Notwithstanding anything to the contrary
contained in any provision in the relevant Act,
appeal or revision for any period pending before
the Appellate Authority or Revisional Authority,
as the case may be, under the relevant Act in
respect of which a certificate is issued under
section 7, shall be deemed to have been withdrawn.
(2) Any order passed by the Appellate Authority
or Revisional Authority subsequent to the date of
filing of application for settlement of arrears of
tax, penalty and interest resulting in claim for
refund of amount paid upto the time of settlement
of such arrears of tax and penalty under this
Act, will not be taken into consideration.
(3) Where any revenue recovery proceedings
under the Puducherry Revenue Recovery Act, 1970
has been initiated or private complaint has been
filed before the Judicial Magistrate Court against
the applicant for recovery of arrears of tax, penalty
and interest, on issue of certificate under section
7, the revenue recovery proceedings and the private
complaint relevant to the demand for which the
certificate is issued shall be withdrawn:
B a r
o n
r e -
o p e n i n g
o f
settled cases.
Withdrawal of
appeal, revisions
a n d
r e v e n u e
r e c o v e r y
Actions.
Act
No. 14
o f
1970.
841
PART–II]
LA GAZETTE DE L'ETAT
Provided that the private complaint pending
before the Judicial Magistrate Court shall not be
withdrawn without the prior approval of the
Government.
10. No authority shall proceed to decide in
any appeal or revision under the relevant Act
relating to any assessment order in respect of
which a copy of the application has been received
under sub-section (1) of section 4:
Provided that such authority shall proceed
to decide such proceeding or appeal or revision in
accordance with the provisions of the relevant Act,
if, the application is rejected under sub-section (3)
or (5) of section 5 or if, a certificate referred to
in sub-section (1) of section 7 is refused to the
applicant by an order passed by the Assessing
Authority under sub-section (3) of section 7.
11. (1) Notwithstanding anything contained
in section 8 or section 9, where it appears to the
assessing authority that an applicant has obtained
the certificate under section 7 by suppressing
any material information or particulars or by furnishing
any incorrect or false information or particulars,
such Assessing Authority, may, within a period
of two years from the date of issue of the said
certificate, for reasons to be recorded in writing
and after giving the applicant a reasonable opportunity
of showing cause, revoke the certificate issued
under sub-section (1) of section 7.
(2) If, a certificate is revoked under
sub-section (1), any appeal or revision, as the
case may be, under the relevant Act, covered by
such certificate shall, notwithstanding the provisions
of section 8 or section 9, stand revived or reinstated
Authority not to
p r o c e e d
i n
certain cases.
Revocation of
certificate.
842
LA GAZETTE DE L'ETAT
[PART–II
immediately upon such revocation, and such appeal
or revision shall be decided in accordance with
the provisions of the relevant Act, as if, no settlement
of the arrears of tax and penalty in such proceeding
or appeal or revision has ever been made under
this Act.
(3) In the case of revocation of a certificate
in accordance with sub-section (1), the amount
paid by the applicant under section 5 shall be
treated as payment towards the amount payable
under the relevant Act for the demand for which
the certificate has been revoked.
12. The Assessing Authority within three days
of the receipt or issue, as the case may be, shall
communicate to the Appellate Authority or Revisional
Authority under the relevant Act, who for the
time being, has jurisdiction over the applicant
under the relevant Act and to the Commissioner,—
(a) copy of order passed under sub-section (3)
or (5) of section 5;
(b) copy of an order passed and certificate
issued under sub-section (1) of section 7;
(c) copy of revocation order passed under
sub-section (1) of section 11; and
(d) such other matters as it may deem
necessary.
13. If, any difficulty arises in giving effect
to any of the provisions of this Act, the Government
may, by order, not inconsistent with the provisions
of this Act, remove such difficulty:
Provided that no such order shall be made
after the expiry of one year from the date of
coming into force of this Act.
Information to
b e
s e n t
t o
authorities under
relevant Act.
P o w e r
t o
r
e
m
o
v
e
difficulties.
843
PART–II]
LA GAZETTE DE L'ETAT
14. (1) The Government may, make rules,
whether prospectively or retrospectively, for carrying
out the purposes of this Act.
(2) (a) All rules made under this Act shall
be published in the Official Gazette and unless
they are expressed to come into force on a particular
day, shall come into force on the day, on which
they are so published.
(b) All notifications issued under this Act
shall, unless they are expressed to come into
force on a particular day, come into force on the
day on which they are so published.
(3) Every rule made or notification issued
under this Act and every order made under section
13 shall, as soon as may be after it is made or
issued, be laid before the Legislative Assembly,
Puducherry, while it is in session for a total
period of fourteen days, which may be comprised
in one session or in two or more successive
sessions, and, if, before the expiry of the session
in which it is so laid or the successive sessions
aforesaid, the Legislative Assembly makes any
modification in the rule or notification or order
or decides that any such rule or notification or
order should not be made or issued, that rule or
notification or order shall thereafter have effect
only in such modified form or be of no effect as
the case may be, so, however, that any such
modification or annulment shall be without prejudice
to the validity of anything previously done under
that rule or notification or order.
Power to make
rules.
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.
————