The Andhra Pradesh Value Added Tax (Amendment) Act,2016
24 Amendments Made at Glance
Sl. No.
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Section
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Nature of Amendment
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01
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Governor of AP has given assent on 8th January,2016
Published in Official Gazettee on 12th January,2016
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02
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Section 2(47)
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A new definition for "Zero Rated Sales" replacing the old definition
"Zero Rate Sales" means the sales which are taxable at the rate of Zero and which are also eligible for input tax credit subject to the conditions as may be prescribed".
Prescribed conditions to be notified.
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03
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Section 4(4)(iv)
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To levy purchase tax where goods after purchase are dispatched to place outside the State otherwise than by Sale in course of inter-state trade and commerce or export out of Indian territory.
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04
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Section 4-A
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Imposing tax @ 0.5% on Sale of HSD and Furnace Oil to Foreign Outgoing International Ships.
Imposing tax @ 5% on Sale of Furnace Oil to Coastal Ships.
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05
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Section 13(3)(aa)
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Imposes requirement of payment of tax by selling dealer in respect of goods on which input tax credit has been claimed in terms of Section 13(3) w.e.f. April 1,2015
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06
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Section 21(1A)
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Requires every VAT dealer to furnish Certificate of Audit of Accounts duly certified by Chartered Accountant for every financial year, by December 31 subsequent to financial year to which statements relate, and failure to furnish will attract penalty of Rs.3,000 per day of delay from due date till actual submission.
Rules and Forms to be prescribed for audit of accounts of VAT dealer
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Section 21(1B)
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Requires every TOT dealer to furnish Certificate of Audit of Accounts duly certified by Sales tax Practitioner every financial year, by December 31 subsequent to financial year to which statements relate, and failure to furnish will attract penalty of Rs.3,000 per day of delay from due date till actual submission.
Chartered Accountant is not eligible to certify accounts of TOT Dealer
Rules and Forms to be prescribed for audit of accounts of VAT dealer
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07
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Section 22(3B)
Section 22(4)
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New Section substituted
Tax Deducted at Source on Sale of Prescribed Goods
Recovery proceedings introduced for non payment of tax at source
Penalty leviable on non payment of TDS
W.E.F 23/09/2015
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08
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Section 31
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Notify the period of time to be excluded for the purpose of computation of the time limit for filing of appeals
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09
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Section 32
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Section 32(5) has been omitted
Section 32(6) & (7) have been substituted.
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10
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Section 34
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The period of petition to High Court has been increased from 90 days to 120 days
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11
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Section 38 (6)
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Rate of Interest on refund of tax has been increased from 1% to 1.25% pm
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12
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Section 39(2)
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Rate of Interest on late refund of tax has been increased from 1% to 1.25% pm
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13
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Section 45
(3)(b)(ii)
4(3)
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Check Post authority can verify way bill also
Compulsory furnishing of Security for an amount equal to two (2) times the amount of tax payable.
The detained vehicle shall be released only after the payment of tax and security furnished.
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14
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Section 47
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Radio Frequency Identification (RFID) Tag or any other Tracking device offered by the department introduced in addition to transit pass
Minimum Penalty of Rs.10,000/- for fails to carry RFID
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15
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Section 48 (a)
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Now owner of goods vehicle is required to produce way bill
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16
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Section 48-A
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Penalty for owner of goods vehicle unable to produce required documents at check post
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17
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Section 56-A
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Penalty for failure to upload the details of tax invoices
Penalty @5% of total turnover covered by such invoices
Before levy of penalty reasonable opportunity to be given
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18
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Section 57 (5)
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No order for the forfeiture of tax shall be made after expiration of 6 years from the date of collection of tax instead of 3 years at present
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19
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Section 59
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Now Driver or Incharge of vehicle is also punishable with imprisonment with fine (earlier only any dealer)
Offences of obstructing the authority or not stopping the goods vehicle or vessels.
Imprisonment – Minimum One Month- Maximum 6 Months with fine
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20
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Section 61
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"Transporter" is also allowed for compounding of offences.
Transporter Compounding – Rs.1,00,000/-
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21
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Section 63
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Failure to attend summons
VAT Dealer
Penalty
Rs.1,000/- for every day of delay after 30 days from the date of summons/notice issued
Maximum Rs.30,000/-
TOT Dealer
Penalty
Rs.350/- for every day of delay after 30 days from the date of summons/notice issued
Maximum Rs.10,000/-
Other Persons
Rs.500/- per day
Maximum Rs.15,000/-
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22
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Schedule I
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Entry Section 57 substituted with
Sugar including Khandasari Sugar
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23
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Schedule IV
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Industrial Inputs
Item 236
Furnace Oil
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24
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Schedule VI
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Revised Rates for levy of tax at the point of first sale in the State for
a. India Made Foreign Liquor
b. Beer
c. Wine
d. Ready to Drink Varieties (RTD)
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