This circular is for dealers who are not required to submit VAT Audit report. Hence extended date of filing VAT return may not be applicable to dealers required to submit VAT Audit Report.
TRADE
CIRCULAR
Date:
27.02.2012
No.VAT
/AMD-2011/lB/Adm-6
Trade Cir. No. 3T of
2012
Sub:
|
Submission of certain
annexures by the dealers who are not required to file Audit Report in Form 704.
|
Ref:
|
(1) Notification No.
VAT-1511/CR-138/Taxation-l dated 5th
December 2011.
(2)
Notification No.
VAT-AMD-2011/IB/Adm-6, Mumbai dated 4th February
2012.
|
Gentlemen/Sir/Madam,
1. As per the
provisions of section 61 of MVAT Act, 2002 the dealers covered under this
section are liable to submit Audit Report in Form 704. Alongwith
Form 704, details of the customer-wise sales and customer-wise purchases are
also submitted in annexure Jl and J2 with other requisite details.
However, for the dealers who are not required to file Audit Report in Form 704
there was no provision to seek the information about the customer-wise sales and
purchases and also other details. The information about the latter category of
dealers were not available with the department. As a result of
this, it was difficult to cross check the input tax credit in respect of the
dealers claiming refunds.
In order to
mitigate this problem and to ensure speedy processing of refund claims and to
expedite the cross check of input claims, it is felt necessary to prescribe
information similar to Form 704 for dealers not liable to file Audit Report.
Accordingly amendments have been made to rule 17 and rule
18.
2. The
amendment provides that all dealers who are not liable to file Form-704 will now
be required to file annexures in C, D, G, H, I, Jl and J2
alongwith last return of that year. This will be applicable from
the last return of financial year 2011-12 e.g. return for the period ending on
31st March 2012 will be filed before 30th June 2012 alongwith the
aforesaid annexures. For this, the due date of last return has been extended to
90 days instead of 21 and 30 days. It may be noted that the payments have to be
made as per earlier provision i.e. all dealers except six monthly dealers by
21st April 2012 and for six monthly dealers by 30th April 2012.
Notifications prescribing the above annexures have been issued and are available
on department's website.
3. The annexures notified
vide notification cited Ref. (1) above is as
under:-
(1)
Annexure-C:- This annexure
contains the information with regards to details of TDS certificates received by
the dealer.
(2)
Annexure-D:- This annexure
contains the information with regards to details of TDS certificates issued by
the dealer.
(3)
Annexure-G;- This annexure contains the
information with regards to details of the various certificates or declarations
as provided under Central Sales Tax Act, 1956 which are received by the
dealer.
(4)
Annexure-H:- The information
about the details of the declarations in form H, which are not received in
respect of local sales is to be provided in this annexure. This H form relates
to sale in the course of Export where penultimate sales are local
sales.
(5)
Annexure-I:- The information with regards to
details of the various certificates or declarations as provided under Central
Sales Tax Act, 1956 that are not received is to be furnished in this
annexure.
(6)
Annexure-Jl:- This
annexure contains the information about the sales effected by the dealer
furnishing the said annexure. The information with regards to Customer-wise
sales is to be provided.
(7)
Annexure-J2:- This annexure contains the
information about the purchases effected by the dealer furnishing
the said annexure. The information with regards to Customer-wise purchase is to
be provided.
4. The dealers
who are not required to file Audit Report in Form 704 shall submit these
annexures alongwith the return for the month of March. In other
words, in case of a dealer who is required to file
return,-
(1)
Monthly: shall submit the requisite
annexures along with the last return for the said year i.e.
alongwith the return for the month of March of that
year.
(2)
Quarterly: shall submit the requisite
annexures along with the last return for the said year i.e.
alongwith the return for the last quarter starting from I8t January
and ending on 31st March of that
year;
(3)
Six-monthly: shall submit the requisite
annexures along with the last return for the said year i.e.
alongwith the return for the second six-month starting from 1st
October of previous year and ending on 31st March of that
year.
5. The newly
registered dealer shall submit the requisite annexures alongwith
the last return for the year in which he has obtained the registration i.e.
alongwith the return for the period in which 31st March of that
year occurs.
6. In case of
a dealer where business is discontinued or disposed off or transferred, then
requisite annexures shall be filed alongwith the last monthly
return or, last quarterly return or, as the case may be, last six monthly
return in which aforesaid contingencies have occurred. In short,
the said dealer shall file the annexures alongwith the return
required to be filed as per the provisions of sub-rule (2) of rule
18.
7.
Downloading of Forms of annexure:
(1)
The template of the aforesaid annexures will
be provided on the website of the Sales Tax Department i.e. www.mahavat.gov.in at
DOWNLOAD-FORMS<Electronic forms. Every dealer to whom the above notification
applies shall download the template of the said form. Only downloaded template
of the said form is to be used and uploaded on the
website.
(2)
The said template will be made available at
the Sales Tax Department's website. This template will contain annexure C, D, G,
H, I, Jl and J2. The dealer shall first download the appropriate
template.
8.
Filing and uploading of annexures:
(1)
After downloading the requisite template as
explained above the dealer should make the off line data entry in all the fields
provided in the relevant excel sheets in the said work book. The excel sheets
are named as annexure C, D, G, H, I, Jl and
J2.
(2)
The dealer shall first fill the details in
the template. The annexures referred in (1) above shall contain the information
for the entire year.
(3)
The completed template of annexures shall be
uploaded by the dealer using his login ID and password created by
himself for the purpose of e-services. The dealer shall first
upload the requisite annexures. The uploading of the said annexures shall be the
pre-requisite for uploading the last return i.e. for the month of March of that
year.
(4)
In case of the dealer where the business is
discontinued, disposed off or transferred, then, in that case with the last
return in the month, quarter or as the case may be, six month in which the said
contingencies occurs.
9. The dealers
covered under Explanation to clause (8) of section 2 of the MVAT Act, 2002 and
are not required to submit Audit Report in Form-704 shall submit the details of
sales and purchases for entire year in the Annexure-J1, Annexure-J2 and other
details in Annexure-C and Annexure-D appended to this
notification.
10.
This circular cannot be made use of for legal interpretation of
provisions of law, as it is clarificatory in nature. If any member of the trade
has any doubt, he may refer the matter to this office for further
clarification.
11.
You are requested to bring the contents of this circular to the notice of
all the members of your association.
(Sanjay
Bhatia)
Commissioner of Sales Tax
Maharashtra
State,
Mumbai.
