Rule 53

  (1) Any dealer may apply in Form VAT 155 to the authority provided in sub-rule (2), and subject to the conditions specified in sub-rule (4) and (5), for permission to pay any amount due under the Act in instalments.

          (2) The dealer may apply, within twenty one days from the date on which any tax or other amount becomes due, to.-

(a) the Commissioner, where the sum in relation to which instalments are sought is rupees twenty five lakh or less, or the period within which the sum is sought to be paid does not exceed  twenty four months; and

(b) the Government in other cases.

(3) The authority empowered under sub-rule (2) may relax the specified time limit in cases where adequate justification is furnished by dealer in respect of the delay involved.

(4) The dealer shall be liable to pay interest on the tax or other amount due at the rate specified under section 37 during such period of delay involved and during the period between the time limit specified in sub-rule (2) and the date of order permitting such amount to be paid in instalments, and the sum for which instalments are sought shall be deemed to include interest so payable.

(5) The conditions referred to in sub-rule (1) shall be.-

        (a) that the dealer is unable to pay the sum for which the instalment facility is sought, for reasons beyond his control;

          (b) that the dealer furnishes adequate security to the satisfaction of the jurisdictional Local VAT officer or VAT sub-officer for the recovery of the sums in relation to which instalments are sought; and

          (c) that the dealer pays along with each instalment, and in addition to the sums permitted to be paid in instalments, interest at the rate of fifteen per cent per annum on the sums remaining unpaid at such time.

 (6) The authority to whom an application has been made under this rule may, at its discretion and after making such enquiry as deemed necessary, by an order in writing, permit a dealer to pay the tax or other sums due for which the application under sub-rule (1) is made in such instalments, at such intervals and subject to such conditions as may be specified in its order.

(7) If any condition mentioned in sub-rule (5) is contravened or a default is made in making payments in accordance with any order passed under sub-rule (6), the whole of the sum remaining unpaid on the date of such default shall become recoverable at once in a lump sum together with interest in accordance with the provisions of the Act.