State Act

The Daman and Diu Value Added Tax Regulation 2005

This Act was repealed on 26 January 2020 by the Dadra and Nagar Haveli and Daman and Diu (Repeal) Regulation, 2020 (5 of 2020), s.2(1) and Schedule item (1); it may still apply to matters that began before then.

63. (1) Where the Commissioner seizes any goods or goods vehicle, he shall give the dealer, person in charge of the goods vehicle or a person present on his behalf, as the case may be, a receipt for the same and obtain acknowledgement of the receipt so given to him: Provided that if the person, from whose custody the goods or goods vehicle have been seized, refuses to give an acknowledgement, the Commissioner may leave the receipt in his presence and record this fact. (2) The Commissioner— (a) shall keep any goods or goods vehicle seized under section 61 in his custody; (b) may retain them for such time as he considers reasonable; and (c) subject to sub-section (3), shall return the goods or goods vehicle to the dealer or other person from whose custody or power they were seized. (3) Where the Commissioner — (a) has seized any goods; or (b) has seized a goods vehicle; or (c) holds any goods as security for the performance of an obligation under this Regulation, the Commissioner may, not sooner than one month after the service of notice on— (i) the person from whom the goods were seized; (ii) the person from whom the goods vehicle was seized; (iii) the person for whom the security was given; and (iv) any person against whom the security is to be enforced, as the case may be, of his intention to sell the goods, direct the auction of such goods or goods vehicle to recover any arrears of tax, interest or penalty due under this Regulation. (4) An auction of goods or a goods vehicle shall be carried out in the manner prescribed for the sale of property held by the Commissioner.