Excise
& Taxation
The Excise & Taxation Department is revenue department. It
administers the various Acts such as the Sales Tax Act,
Central Sales Tax Act, Motor Spirit Taxation Act, Passenger
& Goods Tax Act, Entertainment & Show Tax Act and Excise
Act. Under all these Acts levy of tax is collected by the
Assessing Authorities in their respective field consisting
of Wards which are seven in number. Under the above Acts
these Assessing Authorities who are AETC/ETOs, ensures the
realization of the taxes with the supporting staff deployed
in their Wards. The department is headed by the Excise and
Taxation Commissioner, who is superintending this office
through the Deputy Excise and Taxation Commissioner under
various enactments referred to above.
The department contributes a major chunk of revenue to the
State exchequer of Union Territory, Chandigarh. Administration
of every enactment is being ensured in accordance with the
statutory provisions of each Act and Rules framed thereunder.
Although these enactments are based on a very old system of
working being in operation for more than fifty year’s earlier
stage, yet to maintain a pace with the changed system of working
in every field, the department has simplified various procedures
to make it a public friendly and self compliance.
The following simplification of the procedures involving
public interests have been made by the department:-
- Computerisation of all the records, which enables the
dealer to have an access to their respective information
with regard to Returns filed, payments of tax made and
verification of encashment of cheques/drafts etc. This
ensures the expeditious disposal of their Assessment cases.
- One of the senior officer has been entrusted the work of
Central Public Information Officer, to facilitate the
dealers/the persons having any interest in the working of
the department, for obtaining any information.
- Some Sampark Centres formulated by the Chandigarh
Administration in various parts of the city have been
authorized to conduct the business relating to this office
such as receipt of taxes and returns. This system
facilitates the dealers particularly falling in that area to
save their time and energy. The working time of such Sampark
Centres is from 8 A.M. to 8 P.M. which is more convenient as
compared with office working of the department.
In order to pace with the changed system of implementation
and realization of the tax on the sales as well as on the
purchases under the VAT Act in Union Territory, Chandigarh, the
functioning of the department can be classified into two
categories, (1) Regulatory System (2) Service Providing System.
The scope of the both fields is detailed below:
Ensuring the proper realization of the tax on the sales/
purchase of taxable items under the VAT Law, by way of various
provisions of the VAT Act, which consists compulsory
registration of a person liable to pay tax, making inspections/
raids and roadside checking to detect the tax evasion in the
hands of the unscrupulous dealers. The department also conduct
the Audit on scrutiny as per the policy of the VAT Act and
assess the return filed by the dealer. Compliance of the VAT
provisions with regard to maintenance of books of accounts of
the dealer is also enforced by this department failing to which
penal action is taken as per the provisions of the VAT Act. The
department also ensures the implementation and realization of
the taxes levied under the Punjab Entertainment Tax Act and
Punjab Passenger and Goods Taxation Act. In order to ensure the
recovery of the tax under these Acts, the department enforces
various provisions under these enactments by paying surprise
inspections also.
Although the main functioning of the department is to ensure
the compliance of various provisions of the VAT Law by the
dealers, yet out of those various functions enunciated under the
VAT Act/ Rules, the following works can be treated as Service
Providing ones:
- Issuance of various declaration forms
The department issues to the assesses on their demand
preferred by way of application, various declaration forms such
as Form ‘C’, ‘F’, ‘ST XXII’, ‘H’, ‘I’, ‘E1’, ‘EII’, etc. This
process is promptly attended to. The application is examined by
the Taxation Inspector and the issuance of above declaration
forms are ordered by the Excise and Taxation Officer of the Ward
concerned and then on the same day the official put on this duty
issues the same to the applicant. This system is attended very
promptly and it takes hardly one hour for the assesses to
collect these forms.
- Grant of Registration Certificate
On the receipt of the application on the prescribed Performa
under the VAT Law alongwith the required fee, the application is
received in the office by the Dairy Clerk and marked to the
Taxation Inspector of the area concerned and the later verify
the contents of the application and also verify the Sureties if
any, and pay the visit to the spot i.e. business premises in
order to ascertain the genuineness and bonafide of the dealer
before the report is submitted to the E.T.O. The Excise and
Taxation Officer concerned passes the order for the grant of
Registration Certificate and the same is prepared and issued by
the official in the Establishment Branch. The time earmarked for
whole system is one month, where the applications are received
with all documents required under the Law.
The amendment applications of various kinds as per the
request of the dealer is received in the office and the
acknowledgement is issued. The Taxation Inspector of the area
concerned examine the same and verify the contents of the
application and submit his report to the Excise and Taxation
Officer concerned for ordering the amendment. Where it is
necessary to visit the premises of the applicant assesses under
the VAT Act/Rules, he also pays visit to the premises to verify
the genuineness of the applicant’s request. Fifteen days are
earmarked to the Taxation Inspector to verify the contents of
the application and submit its report to the Excise and Taxation
Officer. On the receipt of the application by the E.T.O., he
scrutinizes the application as per provisions of the VAT Law
vis-à-vis the report of the Taxation Inspector and the amendment
is allowed within 15 days by the E.T.O. The whole process is
completed within one month.
In case of any doubt with regard to the sales/ purchase
transactions for the tax liability, the dealer can file
application under Section 85 of the VAT Act addressed to the
Excise and Taxation Commissioner, which is decided by giving an
opportunity to the applicant of being heard by the Excise and
Taxation Commissioner. The clarification is given by way of
passing an order as provided under the VAT Act by the later and
is communicated to the applicant promptly. The time to decide
such cases may vary case to case as it depends upon the nature
of the query asked for. However, every effort is made to decide
it on priority basis. On an average it takes two months time.
- Providing various information on website
The department has uploaded VAT rates, VAT Forms and VAT
Rules on the website of the Chandigarh Administration. Any
change in the VAT rates is also updated on the website.
Regulatory Functions
VAT Act
- Proper realization of tax
Ensuring the proper realization of the tax on the sales/
purchase of taxable items under the VAT Law, by way of various
provisions of the VAT Act, which consists compulsory
registration of a person liable to pay tax.
Making inspections/ raids and roadside checking to detect the
tax evasion in the hands of the unscrupulous dealers.
The department also conduct the Audit on scrutiny as per the
policy of the VAT Act and assess the return filed by the dealer.
- Compliance of VAT provisions
Compliance of the VAT provisions with regard to maintenance
of books of accounts of the dealer is also enforced by this
department failing to which penal action is taken as per the
provisions of the VAT Act.
Excise Act
A fifteen days notice to general public is required to be
given for the grant of (L-3/L-4/L-5/L-12C) these Licenses. These
Licenses are granted in less than one month time as the file has
to move upto the Excise and Taxation Commissioner, U.T.
Chandigarh for consent.
The disposal of breach cases of licenses within 15 days after
given at least 7 days notice to the erring licensee.
Punjab Entertainment Tax Act and Punjab Passenger and
Goods Tax Act
The department also ensures the implementation and
realization of the taxes levied under the Punjab Entertainment
Tax Act and Punjab Passenger and Goods Taxation Act. In order to
ensure the recovery of the tax under these Acts, the department
enforces various provisions under these enactments by paying
surprise inspections also.
Service Providing Functions
VAT Act
- Grant of Registration Certificate: Total Time 30 days
|
|
i) |
Receipt of application |
One day. |
|
|
ii) |
Verification and report by the Taxation
Inspector |
15 days. |
|
|
iii) |
Verification and Issuance of Certificate by the
E.T.O./D.O. |
10 days. |
|
|
iv) |
Preparation and receipt of R.C. from the S.R.C. |
5 days. |
- Amendments: Total Time one month.
|
|
i) |
Receipt of application
|
One day. |
|
|
ii) |
Verification and report by the Taxation
Inspector
|
15 days. |
|
|
iii) |
Verification and Issuance of Certificate by the
E.T.O./D.O. |
10 days. |
|
|
iv) |
Preparation and receipt of R.C. from the S.R.C.
|
5 days. |
- Issuance of various declaration Forms: Total Time about
one to two hours (depending upon the rush of work).
|
|
i) |
Verification and report by the Taxation
Inspector
|
10 to 15 minutes. |
|
|
ii) |
Issue of declaration Forms by the E.T.O./D.O. |
15 minutes. |
|
|
iii) |
Receipt of declaration Forms from the S.R.C.
|
One hour. |
- General Queries: Regarding queries under Section 85 of VAT
Act, time taken about one to two months.
|
|
i) |
Issue of notice and preparation of case by the
office
|
|
20 days. |
|
|
ii) |
Presentation of case before the Excise and
Taxation Commissioner and passing of orders after
arguments
|
|
20 to 30 days. |
Excise Act
- Liquor Possession Permits (L-42 / L-50)
Issued within one day of receipt of application.
- Liquor Permits, Pass Permits, L-32 and L-34)
Within one day of the receipt of the applications by the
Licensee.
Takes 4 to 5 days from the date of announcement of Excise
Policy for the year for which the renewal is sought.
Within one day to the Export Liquors out of U.T. Chandigarh
by the Chandigarh Bottling Plants on receipt of their
application.
- Passenger and Goods Tax Act:
Clearance Certificates are issued on the same day on receipt
of application from the Transport Company or the owner.
Liquor possession limits
As per the provisions of the Excise Policy of the year
2008-09, Private Possession limit of liquor to be kept by the
citizens in U.T. Chandigarh has been fixed. A citizen of U.T.
Chandigarh can keep the following quantity of liquor without any
permission:-
| Country Liquor |
2 Quarts (bottles) of 750 ml |
| IMFL/IFL |
18 Quarts (bottles) of 750 ml |
| Beer |
36 Bottles of 650 ml |
| Wine |
18 Bottles of 750 ml |
However, in case any individual wants to keep more liquor
than the above-prescribed limit, he can have his possession
limit enhanced by obtaining a permit in Form L-50 from the
Excise & Taxation Department. The enhanced possession limit on
the basis of the L-50 permit has been fixed as under:-
| IMFL/IFL |
36 Quarts (bottles) of 750 ml |
| Beer |
72 Bottles of 650 ml |
| Wine |
36 Bottles of 750 ml |
The possession of liquor in excess of the above mentioned
limits by any individual in U.T., Chandigarh can lead to legal
action under the provisions of the Punjab Excise Act, (as
applicable to U.T.).
|