33.    Period of preserving records.- (1) A registered person who has obligation to preserve- records under section 31 shall have to preserve the records in Bangladesh for at least 6 years following the completion of the period to which it relates; but if any case under this Act is pending against the registered person, the records for the relevant tax period shall have to be preserved until the final disposal of the case.

(2) At source Value Added Tax deducting authority will keep the documents laid down by rule for at lease 6 (six) years.

32. Tax invoice.- Every registered person shall at the time of supply of taxable goods or providing of taxable services or export of goods or service or sale of taxable imported goods issue invoice with consecutive serial number in the form and manner prescribed by Rules or in any other  form and manner approved by the Board in this behalf by notification in the official Gazette:

Provided that,

(a)     not more than one invoice shall be issued for a single supply of taxable goods or sale of taxable imported goods or providing of taxable service, or export of goods or service;

(b)     in .a case where-   any person claims that his original invoice has been lost, the concerned supplier of goods or providing of service may issue to him a copy of that invoice marked distinctly as "copy only".

(c)     Current Account;

(d)     statement of accounts of money deposited through invoice, to the treasury or to any bank approved in this behalf by the Government for the purpose of payment of value added tax;

(e)     statement of stock of inputs and goods manufactured or produced;

(ee)  commercial documents relating to taxable or exempted goods and rendering of service;

(f)     such books and records as may be set by Special Rules:

Provided  that,  the  Board  may  1-iv  notification  in  the  official  Gazette,  specify  the procedure anti the types of books and records which a registered person is required to maintain:

30.    Management of confiscated goods.-  The Board may, subject to rules,  manage the goods, absolutely confiscated to the State, in any manner as it deems fit.

29.        Sale of goods and disposal of sale-proceed. - In case of sale of goods under this Act, except  confiscated goods, and the disposal and management of sale proceeds thereof, the  provisions   of   Section-201  of  the  Customs  Act,  shall  apply  with  necessary rectification

28.        Goods seized how to be dealt with.- In case of preservation, disposal and management of the goods seized under section 27, the provisions of section 169 of the Customs Act, shall apply with necessary modification

27. Seizure of confiscable goods.-

 (1)    Any value added tax officer, authorized in this behalf by a value added tax officer not ` below  the  rank of an Assistant Commissioner, may seize any confiscable goods and where it is not possible to seize such goods, he may order or the person under whose possession or supervision the goods remain not to remove, transfer or otherwise dispose of without the prior permission of the said Officer:

Provided that in the case of seizure of goods of any registered person under this Sub- Section,  the  Officer  specified  in  the  rule  may,  pending  adjudication,  allow  interim release of the seized goods in favor of the registered person or a person authorized by him as per procedure and conditions prescribed by Rules.

(2)     Show cause notice shall be served to the owner of the goods seized under sub-section (I)  within  two months from the date if seizure,  mentioning the reason for proposed confiscation  if  the goods and he shall be given opportunity  to submit written reply against the charge brought against him and, if he so desires, opportunity shall also be given to be heard in person or through his nominated legal counsel:

Provide that the Commissioner may, recording the reason, extend the aforementioned period of two months, for a further period not exceeding two months:

Further provided that the provisions of this sub-section shall not apply to a case where order  of  confiscation  of  goods  or  levy  of  fine  is  passed  considering  the  written confessional  application  of the owner of the goods or concerned  person consents in writing to abide by the order, without prejudice to the right of appeal against the said order given without show cause notice:

(3)     In a case where show cause notice under sub-section (2) has not been served upon the owner of goods seized under sub-section (1) within two months from the date of seizure or, as the case  may  be, the time extended by the Commissioner, the goods shall be returned to the person from whose possession it was seized.

26B. provisions relating to supervised supply, observation and surveillance.-

(1)     To fulfill the purposes of sub-section (4a) of section 6 of this Act the Commissioner may appoint one or more value added tax officer and give them necessary directives for ensuring  supervised supply, observation and surveillance in the place of production, supply, providing of service or trading of a registered person.

(2)     If the Commissioner has sufficient reason to believe that a supplier of taxable goods or provider  of taxable service does not record correctly the accounts of receivable value and tax against supply of goods on providing of services in the books and commercial documents relating to  value added tax or does not declare correctly in the returns, or does not issue invoice against  supply of goods or rending of service or though issue invoice but does not issue in legal  manner or does not provide information or give untrue information to the value added tax  authority about the transaction or sale of taxable goods or service with a view to avoiding the payment of tax, he may, in order to determine the actual tax liability of the person, appoint, in the place of supply of goods or providing  of service or trading  of the said person, one or more  value added tax officers for so long as he considers necessary and give them necessary  directives to ensure observation, surveillance and supervised supply.

(3)     The officers appointed under sub-section (1) and (2) may, observe, keep surveillance on and supervise supply of goods and providing of service by the said taxpayer and shall submit to the Commissioner information relating to transaction or sale of taxable goods and  service  or  applicable  tax  received  through  such  observation,  surveillance  or supervision, on the basis of which the Commissioner may determine the tax' payable by the taxpayer for the relevant tax period or for any other tax period.

(4)     If the Commissioner has reasons  to believe that an y supplier  of taxable goods  or provider of taxable services does not submit invoice according to section 32 or submit untrue invoice or  does not show sales value or total receipt correctly in the books of accounts kept under section 31 or in the, returns of,t4x period submitted under section

35,  the  Commissioner  may  fix  for  each  tax  period,  the  minimum  amount  of  sale, amount of value addition, base value for payable tax or amount of payable tax for the suppler of  taxable  goods or provider of taxable service in question, on the basis of prima-facie idea considering sale value or total receipt or other relevant information of a supplier :of similar taxable goods or provider of similar taxable service with identical location, environment and  situation in comparison with the said supplier  of taxable goods or provider of taxable services.

(5)     In giving effect to the provisions of this section, other provision of the Act regarding opportunity of being heard in favour of the tax payer shall be followed.

(3)     Notwithstanding anything contained in sub-section (1), the Board may, by order, fixing reasonable  remuneration  and  determining  terms  and  conditions,  appoint  auditor  to inspect stock of goods and to examine books of accounts of a registered or registerable person, and the auditor so appointed shall be deemed to be a value added tax officer for the purposes of this section.

(4)     To fulfill the purposes of this section, a firm enlisted or required to be enlisted under Turnover Tax and a firm enjoying or claiming benefit of Cottage Industry shall also be deemed to be a registered or registerable person.

26.  Right  of  authorized  officers  to  enter  into  the  premises  of  production,  place  of rendering of service, place of trading and place of residence and to inspect stock of goods, services and inputs and to examine accounts and records:-

 (1)    Subject to the provision of sub section (2), any value added tax officer not below the rank of an Assistant Commissioner or any value added tax Officer empowered by him in this behalf

(a)     shall have the right to enter into a place of production supply rendering of service or  trading  or  other  related  houses  or  premises  belonging  to  a  registered  or registerable person;

(b)     may  inspect  production  process  and  goods  in  stock,  services  and  inputs  and examine related accounts of a registered or registerable person; and

(c)     may  at  any  time,  examine  all  trading  documents  including  books,  files  and commercial documents related to value added tax of any registered or registerable person, direct to submit or detain them, or to do any other thing necessary for this purpose.

(2)     If the place mentioned in sub-section (1) is a residential place, the said officer shall not enter into such place without serving proper notice or the owner or the person in charge or the caretaker thereof; but such notice shall not be required for an officer authorized under section 48A.

(3)     If an officer duly authorized for the purpose of performing duty under this Act enters into a  place  mentioned in sub-section (1) the owner,  the caretaker or the person in charge  of  the   place  shall  extend  all  reasonable  cooperation  including  supply  of necessary information, document or sample as per requirement of the officer.

(4)     If, after receipt of information, document or samples under this section, it is found that the  concerned registered or registerable person has evaded revenue or has made any irregularity, the authorized officer shall take appropriate action under this Act within a reasonable time.

(5)     Notwithstanding  anything  contained  in  sub-section  (1),  the  Superintendent  of  local value  added tax Officer may, within the area of his jurisdiction, inspect the place of production or  supply or rendering of service or trading belonging to a registered  or registerable person and can examine the stock of goods, service, inputs and accounts.

(6)     For the purpose of this section, firms enlisted or required to be enlisted under Turnover Tax and  firms  enjoying  or  demanding  privileges  of  Cottage  Industry  shall  also  be deemed as registered or registerable person.