MVAT Act 83Chapter VIII · Measures to Regulate Transport of Goods

Section 83 · Surveys

(1)

With a view to identify dealers who are liable to pay tax under the Act, but have remained unregistered, the Commissioner shall from time to time cause a survey of unregistered dealer to be taken.

(2)

For the purpose of the survey, the Commissioner may be general or special notice required any dealer or class of dealers to furnish the names, address and such other particulars as he may find necessary relating to the persons and dealers who have purchased any goods from or sold any goods to such dealer or class of dealers during any given period.

(3)

For the purposes of surveys, the Commissioner may call for detail and particulars regarding the services provided by public utilities and financial institutions including banking companies which he is of the opinion will be relevant and useful for the purposes of the survey. He may from time to time cause the results of the survey to be published in any manner that he thinks fit so however as not to disclose or indicate the identity of any particular unregistered dealer identified during the survey.

(4)

The Commissioner may for the purposes of the survey enter any place where a person is engaged in business but is unregistered or has not applied for grant of the certificate of registration, whether such place will be principal place of business or not of such business and require and proprietor, employee or any other person who may at that time and place attending in any manner to or helping in, the business:-

(i)

to Afford him the necessary facility to inspect such books of accounts or other documents as he may require and which may be available at such place.

(ii)

to Afford him the necessary facility to check or verify the cash, stock or other valuable article for things which may be found there in, and

(iii)

to furnish such information as he may require as to any matter which may be useful or of relevant to any proceedings under this Act.

Explanation. - For the purpose of this sub-section, a place where the person is engaged in business will also include any other place in which the person engaged in business or the said employee or other person. Attending or helping in business stales that any of the books of accounts or other documents or any part of the cash, stock or other valuable article or things relating to the business are or is kept.

(5)

The Commissioner shall enter the place where the person is carrying on business only during the hours at which such place is open for business and in case of the said or any other place only after sunrise and before sunset. The Commissioner may make or cause to be made extracts or copies from books of accounts and other documents inspected by him, make an inventory of any cash, stock or other valuable article or thing checked or verified by him, and record the statement of any person which may be useful for, or relevant to, any proceeding under this Act.

(6)

The Commissioner, in exercises of the powers under this section shall on no account, remove or cause to be removed from the place where he has entered any books of accounts, other documents or any cash stock or other, valuable article or thing.

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