The Andhra Pradesh Sales Tax (Settlement of Disputes) Act, 2001.

 THE ANDHRA PRADESH SALES TAX (SETTLEMENT OF DISPUTES) ACT,
2001
     ACT No. 41 OF 2001
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title extent and commencement
2. Definitions
3. Application of the Provisions of the Law relating to Andhra Pradesh General
Sales Tax Act, 1957 the Andhra Pradesh Entertainments Tax Act, 1939, and
the central Sales Tax - Act, 1956
4. Application of the Act
5. Act not apply to certain cases
6. waiver of the tax, etc.
7. Competent authority
8. withdrawal of appeal, revision, etc.
9. Eligibility of Settlement
10. Application of Settlement
11. Determination of amount payable by the applicant
12. Settlement of dispute
13. Rectification of error
14. Revocation of Certificate of settlement
15. Power to make rules
16. Repeal of Ordinance 3 of 2001
 THE ANDHRA PRADESH SALES TAX (SETTLEMENT OF DISPUTES) ACT,
2001
(16th October, 2001)
ACT No. 41 OF 2001
AN ACT TO PROVIDE FOR EXPEDITIOUS ENFORCEMENT OF PAYMENT OF
ARREAR TAX, ADDITIONAL TAX, TURN OVER TAX, PENALTY OR
INTEREST IN DISPUTE UNDER RELEVANT ACTS RELATING TO SALES
TAX, ENTERTAINMENTS TAX BY WAY OF SETTLEMENT OF SUCH
DISPUTES AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Whereas, it is expedient to provide for enforcement of payment of and
settlement of disputes relating to any arrear tax, additional tax, turnover tax,
penalty or interest, as the case may be under the Andhra Pradesh General
Sales  Tax Act, 1957, the Andhra Pradesh Entertainments Tax Act, 1939 and
the Central Sales Tax Act, 1956;
Be it enacted by the Legislative  Assembly of the State of Andhra Pradesh
in the Fifty-second Year of the Republic of India as follows:-
1. Short title extent and commencement:-  (1) This Act may be called the
Andhra Pradesh Sales Tax (Settlement of Disputes) Act, 2001.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on and from the 17th July,
2001.
2. Definitions:- The words and expressions used in this act shall have the
meaning respectively assigned to them in 1[the Andhra Pradesh General
Sales Tax Act, 1957 (A.P Act 6 of 1957), the Andhra Pradesh Entertainments
Tax Act, 1939 (A.P Act 10 of 1939),] and the Central Sales Tax Act 1956
(Central Act 74 of 1956).
3. Application of the Provisions of the Law relating to Andhra Pradesh
General Sales Tax Act, 1957 the Andhra Pradesh Entertainments Tax
Act, 1939, and the central Sales Tax - Act, 1956:-  Subject to the
provisions of this Act, the provisions of the law relating to the Andhra
Pradesh General Sales Tax Act, 1957, the Andhra Pradesh Entertainments
Tax Act, 1939, and the central Sales Tax  Act, 1956 for the time being
enforce in the State shall apply mutatis-mutandis to all the registered and
unregistered dealers.
4. Application of the Act: - (1) The provisions of this Act shall apply to,-
(i) the disputed taxes including additional tax, surcharge, turnover tax,
penalty, interest which are due as on 31st March, 2001;
(ii) cases where the amount involved is rupees one crore end below per
each year of assessment as on 31 st March, 2001 under the relevant Acts
referred to in section 2;
(iii) an assessment order, revision order, reassessment order, penalty and
interest order passed upto 31 st March, 2001; and cases relating to such
1. Repealed by the Act No. 5 of 2005.
orders pending before various appellate and revisional authorities. In case of
revision, the revision notice or order must have been served on or before 31 st
March, 2001. A dealer who is in receipt of any show-cause notice prior to
31st March, 2001 pending final proceedings can also apply.
(2) The provisions of this Act shall apply to all registered dealers under
the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax
Act, 1956; as well as to unregistered dealers.
(3) For settlement of disputes under this Act, each year of assessment shall
be distinct unit.
5. Act not apply to certain cases:-  The provisions of this Act, shall except
to the additional tax, turn over tax, penalty or interest, not apply to any
payments, irrespective of the nature of dispute made towards any tax,
additional tax prior to 31st March, 2001 and to the orders passed on or after
1st April, 2001.
6. Waiver of the tax, etc,. :- An applicant shall be entitled to,-
(i) 50% (fifty percent) waiver of all the disputed taxes which are not yet
collected as on 31st March, 2001; and
(ii) 90% (ninety percent), waiver of interest or penalties raised under any
provisions of the relevant Act which were due as on 31st March, 2001;
if the payment of fifty percent of the disputed taxes as on 31st March, 2001 is
made during the period from 1st  August, 2001 to 30th September, 2001.
7. Competent authority :- For carrying out the purposes of this Act, the
Deputy Commissioner (Commercial Taxes) shall be the competent authority.
8. withdrawal of appeal, revision, etc.:- (a) No application under this Act
shall be entertained by the competent authority unless the applicant files
written declaration stating that the appeal  or revision or any other
proceedings before the concerned authority under the relevant Act or any
court of law may be treated as withdrawn upon settlement of the dispute
under this Act.
(b) Upon settlement of a dispute under this Act, the corresponding appeal or
revision filed by the State before the High Court or Supreme Court shall be
withdrawn by the Authorities under the relevant Act.
9. Eligibility of Settlement :-  Subject to the other provisions of this
Act an applicant shall be eligible to make an application for settlement of
assessment order revisional order, reassessment order, penalty or interest in
dispute in respect of any period, for which an assessment has been made,
under the relevant Act and an appeal or revision relating thereto is pending,
on the 31 st March, 2001 before any appellate authority or revisional
authority as the case may be.
10. Application of Settlement :-  (1) An application for the purpose of
section 9 shall be made to the competent authority by an applicant in such
form and in such manner as may be prescribed and shall be accompanied by
such fee as may be prescribed.
(2) A separate application shall be made by an applicant for relevant
assessment years in respect of which an appeal or revision is pending under
each of the relevant Acts.
11. Determination of amount payable by the applicant :-  (1) The
competent authority shall verify the correctness of the particulars furnished
in such application with reference to the connected records available with
the assessing authority or any other authority with whom such records may
be available, as the case may be.
(2) Where the competent authority is satisfied about the correctness of
the particulars set forth in the application made by an applicant, he shall
within sixty days from the date of receipt of an application referred in
section 10 determine by an order in writing the amount payable by the
applicant for the purpose of settlement of arrear tax additional tax, turnover
tax, penalty or interest in dispute at the rate specified in section 6;
 Provided that while determining the amount payable by the applicant for
the purpose of settlement of arrear tax, additional tax, turnover tax, penalty
or interest in dispute, the competent authority shall take into account any
such amount paid by the applicant before making an application under
section 10 and deduct the amount so paid by him from the amount
determined as payable by the applicant under this sub-section.
(3)The applicant shall pay in one lumpsum, the sum determined by the
competent authority under sub-section (2) within thirty days of the receipt of
order passed by the competent authority.
Provided that where the sum determined by the competent authority
under sub-section (2) is rupees twenty five lakhs and above, the same shall
be paid in one lumpsum within ninety days of the receipt of the order passed
by the competent authority.
12. Settlement of dispute:- (1) The competent authority on being satisfied
about the payment of the amount which the applicant is required to pay by
virtue of the order, passed under section 11 shall settle the dispute in
respect of which an application has been made and issue a certificate of
settlement for such dispute in such form as may be prescribed, to the
applicant ordinarily within fifteen days of the receipt of the proof of payment
and thereupon such applicant shall be discharged from his liability to make
payment of the balance amount of such arrears of tax, penalty or  interest in
dispute:
Provided that a certificate of settlement shall be issued by the
competent authority, separately in respect of every application.
(2) The competent authority, for reasons to be recorded in writing,
may refuse to settle a dispute where it appears to him that the applicant has
concealed any material evidence or suppressed any information or
particulars by furnishing untrue or false or incorrect or incomplete
information;
Provided that no order adversely affecting the applicant shall be passed
without giving the applicant a reasonable opportunity of showing cause
against such refusal.
13. Rectification of error - The competent authority, may, at any time
within ninety days from the date of issue of the certificate of settlement
under section 12, rectify any error apparent on the face of the record:
Provided that no such rectification adversely affecting the applicant shall
be passed without giving a reasonable opportunity of showing cause against
such rectification.
14. Revocation of Certificate of settlement - Notwithstanding anything
contained in this Act, where it appears to the competent authority that an
applicant has obtained the benefit of settlement under this Act by
suppressing any material information or particulars or by furnishing any
incorrect or false information or particulars, such competent authority may,
for the reasons to be recorded in writing, revoke  the certificate of settlement
issued under section 12:
Provided that no order of revocation shall be passed without giving the
applicant a reasonable opportunity in the manner prescribed.
15. Power to make rules - (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made, under this Act, shall immediately after it is made, be
laid before the Legislative Assembly of the State if it is in session and if it is
not in session in the session immediately following for a total of fourteen
days which may be comprised in one session or in two successive sessions,
and if, before the expiry of the session in which it is so laid or the session
immediately following, the Legislative Assembly agrees in making any modifi-
cation in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified have effect only in
such modified form or shall stand annulled as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
16. Repeal of Ordinance 3 of 2001 - The Andhra Pradesh Sales Tax
(Settlement of Disputes) Ordinance 2001 is hereby repealed.

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