(1)(a) Where any taxable goods are consigned by rail, air or post from a place
outside the State for delivery to a dealer inside the State, the concerned
authority shall not deliver the goods to the dealer or consignee unless he
furnishes or causes to be furnished to such authority a declaration in prescribed
form along with the other documents as may be prescribed.
(b) where a taxable goods are consigned by river or rope way from a place
outside the state for delivery to a dealer inside the state the receiving dealer
shall not obtain or cause to be obtained delivery thereof unless he furnishes or
causes to be furnished to such officer, as may be authorized in this behalf by
the Commissioner, prescribed declaration and documents.
(c) after taking delivery, shall not carry goods away or cause the goods to be
carried away from the railway station, air port, post office, steamer or terminal
of rope way, as the case may be, unless a copy of the declaration and document
as aforesaid is carried with goods:
Provided that where any courier service transports any goods by rail,
river, air or post, such courier shall not obtain or cause to be obtained delivery
thereof unless the dealer, importing goods, furnishes or causes to be furnished
to such officer, as may be authorized in this behalf by the Commissioner, a
declaration in the prescribed form referred to in clause (a) of sub-section (2) of section 50, in duplicate duly filled in and signed by him for endorsement by
such officer. The courier service, after taking delivery of goods from rail, river,
air or postal authority, shall carry such duplicate copy of form of declaration
alongwith goods and shall deliver to the dealer along with goods.
Provided further that the Commissioner may notify the website
in which the particulars prescribed to be contained in the declaration
referred to in sub-section (1) shall be entered in respect of any specified
class of goods or any specified class of dealers or as a result of any specified
class of transaction to be notified by him. If the Commissioner notifies the
website, the owner or the person in-charge of the goods which are carried
by rail, air, post,river or ropeway shall enter the above particulars in the
specified website and shall produce the proof of entering the particulars in
such website, before the officer making search or inspection under the is
section, in the manner prescribed by the Commissioner.
(2) Where any taxable goods are brought into the State by rail, river or air as
personal luggage, the person bringing them shall carry with him the prescribed
form of declaration duly filled in and signed by the importer, and the importer
shall submit the same for endorsement by the officer authorised under subsection
(1) by the next working day.
(3) Where any person intends to bring, or receive into the State, from any place
outside the State by rail, river, air or post any taxable goods otherwise than in
connection with business and obtains the form of certificate prescribed under
sub-section (2) of section 50, the provision of sub-section (1) and (2) shall
mutatis-mutandis apply as if word Certificate is substituted for the word
declaration used therein.
(3-A) Notwithstanding anything to the contrary contained in sub-section (2) or
sub-section(3),where the owner or the person in-charge of the goods which
are carried by a rail, air, post, river or ropeway has entered the above
particulars in the notified website and produced the proof of entering the
particulars in such website, before the officer making search or inspection
under this section, in the manner prescribed by the Commissioner, such
officer may subject to the provisions contained in sub-section (4) allow the
vehicle to pass through.
(4) Where an officer authorised under sub-section (1) of section 45 or an officer
referred to in sub-section (1) of section 48 or section 50 while making
inspection or search finds any taxable goods, in respect of which declaration
before the officer authorised under sub-section (1) has not been made or goods
being carried as personal luggage are not accompanied by the form of
declaration referred to in clause (a) of sub-section (1) and where after giving
reasonable opportunity of being heard to the person in charge of the goods at
the time of inspection of goods or the owner of the goods, as the case may be,
such officer (officer making inspection or search) is satisfied that such taxable
goods are being imported in an attempt to evade payment of tax under this Act,
he may, after recording such reasons, detain the goods.
(5) Provisions of sub-sections (3), (7), (8), (9) and (10) of section 48 shall mutatis
mutandis apply to such detention of goods as they apply to goods seized under
that section.
(6) Notwithstanding anything contained in sections 50 and this section, the State
Government may, in public interest and for sufficient reasons, relax the
requirement of furnishing of declaration or certificate referred to in aforesaid
sections to such extent as it may notify.
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Section 51
Import of Goods Into the State by Rail, Air, Post, River Or Rope Way
The Uttar Pradesh Value Added Tax Act , 2008