For Filing Annual Vat Return

13
CA Vinay Kumar Rajharia

Transcript of For Filing Annual Vat Return

CA Vinay Kumar Rajharia

Relevant Sections & Rules (M.P. VAT Act)

Sec 18(1)

Proviso to sec 18(1)

Rule 21(2) , (5)

Rule 25

Sec 11-A

Relevant Forms

Form 13

Form 14

Sec. 18(1) & Rule 21(2):

Every registered dealer shall furnish return

in such form (Form 10)

In such manner (now e- filing)

For such period (quarterly)

By such dates (Within 30 days from end of quarter)

To such authority

As may be prescribed.

(Rule 21(2) is applicable subject to sub rule (3) , (4) & (5)

Proviso to Sec 18(1):

Provided that the commissioner may,

Subject to such terms and conditions as may be

prescribed,

Exempt (As per Rule 24)

any such dealer

from furnishing such returns & statements

OR (As per Rule 25)

permit any such dealer to furnish the return for such different

period , in such other form and to such other authority , as he

may direct.

Rule 21(5):

Where the COMMISSIONER permits under the Prov.

of Rule 25 a registered dealer

• to file a return for a different period

• he shall furnish such return in form 10

• by such date as the commissioner may direct.

Rule 25:

Rule 25(1): A registered dealer required to furnish

quarterly return under rule 21(2)

may make an application to the

commissioner in form 13

for grant of permission under proviso of sec 18(1) to

furnish an annual return.

APPLICATION: Within 30 days of commencement of the year

in relation to which permission is sought.

Commissioner shall pass order before expiry of 1st quarter of the said year.

Rule 25(2): Permission Under Rule 25(1) shall not granted to dealer who –

• is required to furnish returns under Rule 22

• Fails to pay any tax payable by him under any Act

• Fails without any sufficient cause to furnish returns under the Act

• Is convicted of an offence punishable under the Act

• Has not submitted all the returns for the year immediately preceding the year in respect of which the permission is sought

Rule 25(4): Permission shall be granted in Form 14 andshall be subject to the following terms and conditions- Registered dealer shall pay within 30 days of expiry of

each quarter-TAX = 1/3 of the amt of tax

to which he has been assessed for the latest preceding year

or Whichever is greater1/3 of the amt of tax payable according to his returns for the latest preceding year

Shall furnish the return within 90 days of the expiry of the year,and shall pay the balance of tax, if any.

Information Required In Form 13

TIN No.

Ward no, Circle of principal place of business

Name & Style of business

Address and place of business

Year for which permission is applied

Gross T/O & tax assessed for the latest previous year

Assessment case No.

Order of assessment date

Gross T/O & Tax Payable according to the returns of the preceding year.

FORM 13[See rule 25(1)]

Application for grant of permission to submit annual returnTo,The Commercial Tax Officer.................................CircleI_____________________ Proprietor/Manager/Partner/Director of the businessknownas__________________________________________________________________________holding TIN ________________under the Madhya Pradesh Vat Act, 2002 whoseonly/*principal place of business within the jurisdiction of Commercial TaxOfficer______________________(circle) is situated at Municipal ward No _______town/village ____________ Tehsil ___________ District ___________ do herebyapply for permission to file an annual return under the proviso to sub-section (1) ofsection 18 of the said Act read with rule 25 of the Madhya Pradesh Vat Rules, 2006and for the said purpose I am furnishing the following particulars :

(1) Particulars of business in respect of which permission is applied for ,-(i) Name and style of the business ___________________________(ii) Address of the place of business __________________________(iii) TIN . ________________________________________________(2) Year for which permission is applied (From ____________ to______________ )(3) Gross turnover and tax assessed for the latest previous year.(i) year ___________________________(ii) Gross turnover Rs.__________________(iii) Tax assessed_________________(iv) Assessment case No. _______,(v) order of assessment dated ________,(vi) passed by (Name & Designation of the officer) ___________________(4) Gross turnover and tax payable according to the returns for the precedingyear,-(i) Gross turnover Rs.______________________.(ii) Tax payable Rs.______________________ Tax paidRs.__________________.

Place..................... ..................................Date...................... Signature of the dealer

I __________________________do hereby state that what is stated herein is true tothe best of my knowledge and belief.Place..................... ..................................Date...................... Signature of the dealer

FORM 14

[See rule 25 (4)]

Order permitting a dealer to furnish annual return

Shri ____________who is carrying on the business known as ____________and is a

dealer holding TIN. _______ dated _________under the Madhya Pradesh Vat Act,

2002. whose only/* principal place of business within the jurisdiction of the

Commercial Tax Officer______________ is situated at__________

Town/*Village______ District__________ Tehsil _______ Municipal ward

No.___________(for municipal area only) is hereby permitted under proviso to

sub-section (l) of section 18 of the said Act and rule 25 of the Madhya Pradesh Vat

Rules, 2006 to furnish an annual return in form 10 for the period from

________to_________ on or before __________(date) in lieu of the quarterly

returns under rule 21(2) of the said rules subject to the following conditions in

respect of the place(s) of business specified below:

Place____________ TIN__________

(l) The said dealer shall pay for the period specified in column (l) of the Schedule

appended hereto on or before the date specified in column (2) of the said

schedule the amount specified in column (3) thereof.

S C H E D U L E

Quarter for which tax isPayable Last date for payment of tax Amount of tax to be paid

(1) (2) (3)

2) For the last quarter, namely, for the period from _______to ______ the

dealer shall pay as tax the difference between the amount of tax payable

according to his annual return and the tax already paid for the first three

quarters as mentioned in the above schedule.

3) The dealer shall furnish along with the annual return copies of Challan in

form 26 or e-Receipt in form 26 A for all the four quarters in respect of

which tax has been paid.

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4) This permission is liable to be cancelled at any time on account of any

infringement of the conditions mentioned in sub-rule (4) of rule 25 of the

said rules.

Place______________ Signature

Date_______________ Designation

*Strike out whichever is not applicable.

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COMMENT:

We need to file quarterly returns for the sites for which composition scheme is opted.

Can apply for annual return for the year

1 July 2011 - 30 June 2012 (as there is no requirement that year should begin from 1 April or from 1 Jan)

Thank You