Which government has the rule-making power to prescribe the form of, and particulars to be contained in, a declaration under Section 8(4) of the Central Sales Tax Act, 1956?

The Central Government. Clause (d) of Section 13(1) confers on it the power to prescribe the form in which and the particulars to be contained in any declaration or certificate to be given under the Act, so the form of declaration under Section 8(4) and its contents are to be provided by rules framed by the Central Government.

Central Sales Tax Act, 1956 — s.8(1) — s.8(4) — s.13(1)(d) — s.13(3) — s.13(4) — Central Sales Tax (Registration and Turnover) Rules, 1957 — r.12 — Central Sales Tax (Rajasthan) Rules, 1957 — r.17(20) — Declaration in Form C — Cancellation — Rule-making power — Ultra vires — Central Sales Tax Act, 1956 — s.8(4) — s.13(1)(d) — Form and particulars of the declaration — Held: The form of a declaration under Section 8(4) and the particulars it must contain are to be provided by rules framed by the Central Government under Section 13(1)(d). Furnishing that declaration is the condition precedent for the rate under Section 8(1). (¶11, 12) Central Sales Tax (Registration and Turnover) Rules, 1957 — r.12 — No power to cancel Form C — Held further: The Central Registration Rules prescribe the form of declaration but confer no power on any authority to cancel a declaration in Form C, in contrast to the express provision they make for cancelling a certificate of registration. (¶14) Central Sales Tax Act, 1956 — s.13(3), (4) — Limits of the State's rule-making power — Held further: None of the clauses of Section 13(4) empowers a State Government to provide for cancellation of a declaration. Its general power under Section 13(3) is circumscribed by the requirement that State rules not be inconsistent with the Central rules. (¶13, 15) Central Sales Tax (Rajasthan) Rules, 1957 — r.17(20) — Inconsistency with the Central rules — Held further: A State rule permitting cancellation of a declaration in Form C is inconsistent with the Central Registration Rules framed under Section 13(1)(d) and cannot be sustained. Appeal dismissed. (¶16, 18)

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