Odisha GST Dept. mandates Assessments for Specified Dealers under Section 42A of the OVAT Act – April 2022 – March 2023

By: Admin
May 23, 2024
Categories: State GST Notification and Circular
4 Min Read

The Odisha GST Department issued Notification No. 6963/CT dated May 20, 2024 mandating the assessment of specified dealers under Section 42A of the OVAT Act for April 2022 to March 2023. Assigned by the Additional Commissioners, assessments are to be completed by November 30, 2024. Assessments focus on VAT sales of six non-GST goods, excluding GST-taxable items like lubricants. Actions must be manual, not through VATIS, with immediate notifications required for dealer reassignment and additional assessment proposals.

In exercise of the power conferred under sub-section (1) of Section 42A of the Odisha Value Added Tax Act 2004, I, Sri Sanjay Kumar Singh, IAS, Commissioner of Sales Tax, do hereby notify for information of all concerned that, subject to the conditions provided below, the list of dealers as Annexed, shall be assessed U/s 42A of the OVAT Act in lieu of tax audit and audit-assessment.

Conditions

The said dealers shall be assessed as per provisions of Section 42A of the OVAT Act and Rule 49A of OVAT Rules.
The dealers shall be assessed for the period from April 01, 2022 – March 31, 2023.
The Additional Commissioner of the respective Ranges shall assign the dealers under their Range either to the Circle Officer or to any other officer of the Circle not below the rank of STO within seven days of issue of this notification.
The officers assigned with assessment should immediately issue notice to the dealers and complete the assessment as per the provisions of Section 42A read with Rule 49A of OVAT Act & Rules preferably within November 30, 2024.
If any dealer(s), other than the list approved by the Commissionerate, are dealing in the six non GST goods and are proposed to be assessed U/s 42A of the OVAT Act, the Circle Head should immediately send proposal through the Range Head to the Commissionerate within fifteen days of this notification with proper justification.
If any dealer(s) in the list are shifted to other Circles, the concerned Range Head should immediately inform the Range Head where the dealer is located along with a copy to the Commissionerate. The jurisdictional Range Head should assign the case for assessment of such dealer(s) immediately without waiting for permission from the Commissionerate.
All actions, including assignment by Range Head to officers, issue of notice, issue of order of assessment etc shall be made manually and not through VATIS.
Since the dealers selected for assessment U/s 42A of the OVAT Act are exclusively based on their transactions on six Non GST goods (MS/ HSD/ ATF/ Petroleum crude/ Natural Gas and Alcohol for Human Consumption), assessment of only VAT sales is to be taken up. Sales of other items by petrol pumps like lubricants etc are taxable under GST and thus, detail verification of such aspects of the business may not be required.
The Notification along with the Dealers name can be accessed at: https://a2z-bucket.s3.amazonaws.com/418298-VAT_NOTIFICATION-6963.pdf