Restrictions and conditions subject to which power to be delegated by commissioner.
3.
(1) The Commissioner shall not delegate to any officer appointed to assist him any power, other than those enumerated below in respect of the sections mentioned in column (2), nor shall he delegate any power specified in column (3), to any officer below the rank specified in the corresponding entry in column (4) of the Table below:-Table
|
Sl. No. (1) |
Section (2) |
Description of power (3) |
Designation of officer (4) |
|
1. |
2 (7) |
To require the owner or lessee or occupier of a warehouse to satisfy that the goods stored at his warehouse are for his personal use or consumption. |
Sales Tax Officer |
|
2. |
8 |
To require the Bureau under sub-section(5) of section 8 of the Act to transfer any accounts, registers or documents including those in the form of electronic records seized by it. |
Deputy Commissioner |
|
3. |
10 |
To fix the date of commencement of the liability of a dealer to pay tax and to exercise all other powers under the section. |
Sales Tax Officer |
|
4. |
11 |
To exercise all powers under the section. |
Sales Tax Officer |
|
5. |
12 |
To exercise all powers under the section. |
Sales Tax Officer |
|
6. |
14 & 18 |
To fix the date of commencement of the liability of a dealer to pay tax an to exercise all other powers under section 14 and section 18. |
Sales Tax Officer |
|
7. |
15 & 16A |
To exercise all powers under the section. |
Sales Tax Officer |
|
8. |
16 |
To exercise all powers under the section. |
Sales Tax Officer |
|
9. |
22 |
To exercise all powers under the section. |
Sales Tax Officer |
|
10. |
23 |
To impose penalty under sub-section (4) Sales Tax Officer on a dealer for failure to get himself registered after being liable to pay tax and enforce payment of such penalty. |
Sales Tax Officer |
|
11. |
24 |
To exercise all powers under the section. |
Sales Tax Officer |
|
12. |
25 |
To enrol a transporter, carrier or transporting agent, to grant him a certificate of enrolment and to impose penalty for failure to apply for enrolment and enforce payment of such penalty. |
Sales Tax Officer |
|
13. |
26 |
To demand a reasonable amount of security from a dealer, casual dealer or any other person including a transporter, carrier or transporting agent. |
Assistant Commissioner |
|
14. |
27, 27A, 27B, 27C, & 27D |
To exercise all powers under section 27, section 27A, section 27B, section 27C and section 27D. |
Sales Tax Officer |
|
15. |
27E |
To impose penalty on a dealer for failure to furnish information under section 27A, or section 27B, or section 27C, or section 27D and enforce payment of such penalty. |
Sales Tax Officer |
|
16. |
28 |
To amend the certificate of enrolment of a transporter, carrier or transporting agent. |
Sales Tax Officer |
|
17. |
28A |
To cancel the certificate of enrolment of a transporter, carrier or transporting agent. |
Sales Tax Officer |
|
18. |
29 |
To cancel the certificate of registrationof a dealer. |
Sales Tax Officer |
|
19. |
30 |
To apply for cancellation of certificate of registration under specified circumstances and to exercise all powers under the section. |
Assistant Commissioner |
|
20. |
30C |
To exercise all powers under the section. |
Sales Tax Officer |
|
21. |
30D |
To exercise all powers under the section. |
Deputy Commissioner |
|
22. |
30E & 30F |
To exercise all powers under the sections. |
Sales Tax Officer |
|
23. |
32 |
To require any dealer, not liable to pay tax under the Act, to furnish return under sub-section (1); |
Assistant Commissioner |
|
24. |
33 |
To exercise all powers under the section. |
Sales Tax Officer |
|
25. |
36 |
To determine the interest payable by the Commissioner and to pay such interest to a dealer. |
Assistant Commissioner |
|
26. |
39 |
To exercise all powers under the section. |
Sales Tax Officer |
|
27. |
40 |
To exercise all powers under the section. |
Sales Tax Officer |
|
28. |
41 |
To exercise all powers under the section. |
Sales Tax Officer |
|
29. |
42 |
To exercise all powers under the section. |
Sales Tax Officer |
|
30. |
43 |
To select dealers for audit under sub-section (1). To exercise all other powers under the section. |
Special Commissioner Sales Tax Officer |
|
31. |
44A |
To exercise all powers under the section. |
Sales Tax Officer |
|
32. |
45, 46,47 & 48 |
To make provisional assessment orassessment of tax, to impose penalty or to fix a date of payment and to exercise all other powers. |
Sales Tax Officer |
|
33. |
50 & 51 |
To determine the interest payable by a dealer, to fix date for payment or to rectify the amount of such interest and to exercise all other powers. |
Sales Tax Officer |
|
34. |
55 |
To send or forward a certificate to the Tax Recovery Officer and to inform about any subsequent modification, enhancement or reduction in the amount of net tax, or any other tax, interest or penalty. |
Sales Tax Officer |
|
35. |
56 |
To forward a certificate to the Recovery Officer under sub-section (1). |
Sales Tax Officer |
|
36. |
57 |
To exercise all powers under the section |
Sales Tax Officer |
|
37. |
60 |
To direct a person to deposit money and to exercise all the powers under the section. |
Sales Tax Officer |
|
38. |
60A |
To exercise all powers under the section. |
Sales Tax Officer |
|
39. |
61 & 62 |
To refund tax, penalty or interest and exercise all other powers. |
Sales Tax Officer |
|
40. |
63 |
To exercise all powers under the section. |
Sales Tax Officer |
|
41. |
64 |
To exempt dealer from furnishingtax invoices. |
Deputy commissioner |
|
42. |
65 |
To impose penalty for contravention ofthe provisions of section 64 or to exempt a dealer from payment of penalty or impose lesser amount of penalty. |
Sales Tax Officer |
|
43. |
65A |
To exercise all powers under the section. |
Sales Tax Officer |
|
44. |
66 |
To exercise all powers under the section. |
Assistant Sales Tax Officer |
|
45. |
70 |
To furnish such information as may berequired and to inspect accounts of a Officer transporter, carrier or transporting agents. |
Assistant Sales Tax Officer |
|
46. |
71 |
To enter into the place of business and search and seize accounts of transporter, Officer etc. |
Assistant Sales Tax |
|
47. |
72 |
To stop delivery of goods and seize goods after enquiry. |
Sales Tax Officer |
|
48. |
77 |
To exercise all powers under the section. |
Sales Tax Officer |
|
49. |
78 |
To exercise all powers under the section. |
Sales Tax Officer |
|
50. |
79 |
To exercise all powers under the section. |
Sales Tax Officer |
|
51. |
80 |
To require production of declaration under sub-section (1); To countersign declaration produced by the transporter under sub-section (2) and sub-section (3); To endorse declaration produced by the transporter under sub-section (4); To intercept and search goods vehicle, to require to produce declaration and other documents under sub-section (5); To impose penalty under sub-section (6) to extend the date of payment of such penalty under sub-section (7), to detain goods under sub-section (8), to allow the vehicle to resume its journey under sub-section (9), to seize goods under sub-section (10) and sell such goods in open auction under sub-section (12)and to pay balance amount to owner of such goods under sub-section (13) and to exercise all other powers under the section. |
Assistant Sales Tax Officer Assistant Sales Tax Officer Assistant Sales Tax Officer Assistant Sales Tax Officer Sales Tax Officer |
|
52. |
81 |
To require a transporter to stop a goods vehicle and to produce way bill and Officer documents referred to in sub-section (1) and to countersign such way bill or documents; To exercise all other powers under the section. |
Assistant Sales Tax Officer Sales Tax Officer |
|
53. |
84 |
To grant permission to appellate authority to extend the time for disposal of appeal; To exercise all other powers under the section. |
Additional Commissioner Assistant Commissioner |
|
54. |
85 |
To revise suo motu an assessment made or an order passed by a Sales Tax Officer or an Assistant Sales Tax Officer; To revise suo motu an assessment made Deputy Commissioner or an order passed by an Assistant Commissioner; To revise suo motu an assessment made or an order passed by a Deputy Commissioner. |
Commissioner Assistant Deputy Commissioner Additional Commissioner |
|
55. |
86 |
To revise, on application, an assessment made or an order passed by a Sales Tax Officer or Assistant Sales Tax Officer; To revise, on application, an assessment made or an order passed by an Deputy Commissioner; |
Assistant Commissioner Additional Commissioner |
|
56. |
87 |
To file a memorandum or application before the Appellate and Revisional Board. |
Assistant Commissioner |
|
57. |
95 |
To compound offences and to determine and accept composition money. |
Deputy Commissioner |
|
58. |
96 |
To exercise all powers under the section. |
Sales Tax Officer |
|
59. |
99 |
To issue clearance certificate |
Sales Tax Officer |
|
60. |
116 |
To exercise all powers under the section |
Sales Tax Officer |
|
61. |
117 |
To exercise all powers under the section. |
Sales Tax Officer |
|
62. |
118 |
To exercise all powers under the section. |
Sales Tax Officer |
(2) For the purposes of these rules, a Patrolman shall be sub-ordinate to an Assistant Sales Tax Officer, an Assistant Sales Tax Officer shall be sub-ordinate to a Sales Tax Officer, a Sales Tax Officer shall be sub-ordinate to an Assistant Commissioner, an Assistant commissioner shall be subordinate to a Deputy commissioner, a Deputy commissioner shall be sub-ordinate to an Additional Commissioner and an Additional Commissioner shall be sub-ordinate to the Special Commissioner.
(3) Notwithstanding the provisions of sub-rule (2), the persons appointed by the designation mentioned in that sub-rule shall be sub-ordinate to the Commissioner.