Section 73: Certain transactions not admissible

[73. Certain transactions not admissible.– (1) Notwithstanding anything contained in this Act or any other law for the time being in force, payment of the amount for a transaction exceeding value of fifty thousand rupees 703[in aggregate to a single supplier in a tax period], excluding payment against a utility 700Section 72C substituted by Finance Act, 2013. bill, shall be made by a crossed cheque drawn on a bank or by crossed bank draft or crossed pay order or any other crossed banking instrument showing transfer of the amount of the sales tax invoice in favour of the supplier from the business bank account of the buyer 704[:] 705[Provided that online transfer of payment from the business account of buyer to the business account of supplier as well as payments through credit card shall be treated as transactions through the banking channel, subject to the condition that such transactions are verifiable from the bank statements of the respective buyer and the supplier.] 706[Provided further that adjustments made by a registered person in respect of amounts payable and receivable to and from the same party shall be treated as payments satisfying the provisions of this sub-section subject to following conditions, namely:– (a) sales tax has been charged and paid by both parties under the relevant provisions of this Act and rules prescribed thereunder, wherever applicable; and (b) the registered person has sought prior approval of the Commissioner before making such adjustments.] (2) The buyer shall not be entitled to claim input tax credit, adjustment or deduction, or refund, repayment or draw-back or zero-rating of tax under this Act if payment for the amount is made otherwise than in the manner prescribed in sub-section (1), provided that payment in case of a transaction on credit is so transferred within one hundred and eighty days of issuance of the tax invoice. (3) The amount transferred in terms of this section shall be deposited in the business bank account of the supplier, otherwise the supplier shall not be entitled to claim input tax credit, adjustment or deduction, or refund, repayment or draw-back or zero-rating of tax under this Act. Explanation— For the purpose of this section, the term “business bank account” shall mean a bank account utilized by the registered person for business transactions, declared to the 707[Commissioner] in whose jurisdiction he is registered 708[through Form STR-1 or change of particulars in registration database.]] 704Substituted for full stop by Finance Act, 2005 709[“(4) A registered 710[person] shall not be entitled to deduct input tax (credit adjustment or deduction of input tax) which is attributable to such taxable supplies exceeding, in aggregate, 711[the amount in a financial year or in a tax period, as may be prescribed by the Board, with the approval of Federal Government] as are made to certain person who is not a registered person under this Act: Provided that the aforesaid shall not apply to supplies made to.- (a) Federal / provincial / local Government departments, authorities, etc. not engaged in making of taxable supplies; (b) Foreign Missions, diplomats and privileged persons; 712[***] (c) all other persons not engaged in supply of taxable goods; 4[and] 713(d) persons or classes of person, specified by the Board through notification in the official Gazette subject to such conditions and restrictions as may be specified therein.]

Effective date: 1990-11-01

Related sections