In exercise of the powers conferred by sub-section (2) of Section 18 of the Rajasthan Value Added Tax Act. 2003 (Act No. 4 of 2003). subject to the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made thereunder, and in supersession of the notification No. F.16 (100) Tax / CCT / 14-15 / 2787 dated 21.10.2014. 1. Alok Gupta. Commissioner. Commercial Taxes. Rajasthan. Jaipur, hereby, notify the following manner for the verification of deposit of tax for the purpose of allowing the input lax credit for the demands pending as on 01.04.2018 (cut off date), where such demands have been created for want of verification of input tax credit claimed by a dealer, and such mismatch of ITC is more than Rs. 25000/- in one financial year and the mismatch is related to the years 2011-12 onwards, in the following manner:-
1. For verification of deposit of tax for allowing the Input Tax Credit, the dealer shall submit an application in Form ITCV-D (as annexed herewith), separately for each year quarter wise, electronically through the official website of the Department in the manner as provided therein upto 30.09.2018 and shall submit the acknowledgement thereof along with the undertaking mentioned therein and copies of relevant invoices, within seven days of submitting the application, to his assessing authority. If he fails to submit the acknowledgment within the time mentioned above, the system will automatically reject such application.
2. On receipt of the application, the assessing authority shall get verified the details of purchases from ihe Form VAT-08A submitted by the selling dealer. If the purchases are verified, then the assessing authority shall allow the claim of ITC to the purchasing dealer and put a note regarding the verification of demand in the Demand and Collection Register and also communicate the same to the dealer.
3. Where purchases are not verified as mentioned in sub-clause 2. then, on the basis of information submitted by the applicant, the system shall generate the details of sales made by every selling dealer separately for each year to the assessing authority of the selling dealer for furnishing of output tax liability of the selling dealer, the details of outstanding demand of tax. if any. and the fact that whether any notice has been issued or any enquiry has been initiated or any case has been made out regarding the genuineness of the claim of ITC against the selling dealer, if applicable. the said information shall be made available through the system lo the assessing authority of the purchasing dealer.
4. If ITC is not verified from record available with him as above, the Assessing Authority of selling dealer shall conduct an enquiry to verify the sales from the books of accounts of selling dealer. He may issue notice to the selling dealer to submit the copy of ledger/cash book/journal/sales register for such verification. After the enquiry, the assessing authority of the selling dealer shall inform about the result to the assessing authority of the purchasing dealer.
5. In cases, where the claim of ITC is not verified, the Assessing Authority of the purchasing dealer, shall reject the claim of Input Tax Credit in writing and communicate the same to the Dealer. If the dealer has applied for a particular year under this notification, the system shall not allow him to apply again for that year irrespective of the status of application filed by the dealer for that year.
6. Notwithstanding anything contained in any of the sub-clauses above, the aforesaid directions shall not apply in the eases:-
(i) where any notice has been issued or any enquiry has already been initiated regarding the genuineness of the claim of ITC.
(ii) where the cases have been made against the selling / purchasing dealer for availment of the input tax credit on the basis of false or forged invoice.
(iii) where the registration certificate of the selling dealer has been cancelled retrospectively and the invoices relating to the ITC verification pertain to the period after the date of such cancellation.
(Alok Gupta)
Commissioner.
Commercial Taxes.
Rajasthan, Jaipur.
FORM ITCV-D
APPLICATION FOR VERIFICATION OF ITC
VERIFICATION
I............................. (Name)........................... (Status) verify that the above information is true and correct to the best of my knowledge and belief and nothing has been concealed. I, also verity' that the input tax credit has not been allowed for the invoices mentioned in this application and no notice has been issued or any enquiry has already been initiated against my firm/company/busincss entity regarding the genuineness of the claim of ITC.