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79.
Method of service of notice and supply of copy of order. section 60.
(1)
Notice under the Act or these rules shall be served by one of the following
methods, –
(a)
by delivery by hand a copy of the notice to the addressee or to his agent or to
a person regularly employed by him in connection with the business in respect of
which he is registered as a dealer or to any adult member of his family residing
with the dealer;
(b)
by registered post acknowledgment due;.or
(c)
by speed post or by such courier services or by any other means of transmission
of documents including fax message or electronic mail service as are approved by
the Government:
Provided
that if upon an attempt having been made to serve any such notice by either of
the above said methods, the authority concerned has reasonable grounds to
believe that the addressee is evading service of notice or that for any other
reason which in the opinion of such authority is
sufficient
that notice cannot be served by any of the above mentioned methods, the said
authority shall after recording the reasons thereof cause the notice to be
served by affixing a copy thereof –
(i)
If the addressee is a dealer, on some conspicuous parts of the dealer’s office
or the building in which the dealer’s office is located or upon some
conspicuous part of the place of the dealer’s business last intimated to the
said authority by the dealer or the place where he is known to have last carried
on business; or
(ii)
If the addressee is not a dealer, on some conspicuous part of his residence or
office or the building in which his residence or office is located and such
service shall be deemed to be as effectual as if it has been made on the
addressee personally:
Provided
further that, where the officer, at whose instance the notice is to be served
is, on inquiry, satisfied that the said office, business place or residence is
known not to exist or is not traceable, such officer may by order in writing,
dispense with the requirement of service of the notice under the last preceding
proviso.
(2)
When the officer serving a notice delivers or tenders a copy of the notice to
the dealer or addressee personally or to his agent or to any of the persons
referred to in clause (a) of sub-rule (1), he shall require the signatures of
the person to whom the copy is so delivered or tendered to an acknowledgement of
service endorsed on the original notice. When the notice is served by affixing a
copy thereof in accordance with the first proviso to sub-rule (1), the officer
serving it shall return the original to the authority which issued the notice
with a report endorsed thereon or annexed thereto stating that he so affixed the
copy, the circumstances under which he did so and the name and address of the
person if any, by whom the addressee’s office or residence or the building in
which his office or residence is located or his place of business was identified
and in whose presence the copy was affixed. The said officer shall also obtain
the signature or thumb impression of the person
identifying
the addressee’s residence or office or building or place of business to his
report.
(3)
When service is made by post, the service shall be deemed to be effected by
properly addressing or preparing the notice and posting it by registered post
with acknowledgement due, and unless the contrary is proved the service shall be
deemed to have been effected at the time which the notice would be delivered in
ordinary course of post.
(4)
The provisions of the foregoing sub-rules shall be followed in respect of supply
of a copy of an order passed under the Act or these rules where the order is not
accompanied with a notice of demand in Form VAT-N4.
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