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 registration of 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 or assessment 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 furnishing tax invoices. Deputy commissioner 42. 65 To impose penalty for contravention of the 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 be required 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.