In exercise of the powers conferred by SubSection (1-B) of Section 20-A of the Madhya Pradesh VAT Act, 2002 (No.20 of 2002), the State Government, hereby, notifies that the assessments of the registered dealers for the cases of year 2021-22 and year 2022-23,pending under the Madhya Pradesh VAT Act, 2002, (No. 20 of 2002), Central Sales Tax Act, 1956 (Act No 74 of 1956), Madhya Pradesh Motor Spirit UpkarAdhiniyam, 2018 (No. 11 of 2018) and Madhya Pradesh High Speed Diesel UpkarAdhiniyam, 2018 (No. 12 of 2018),shall be deemed to have been made for the purpose of sub-section (1) of section 20 of the Madhya Pradesh VAT Act 2002, Section 9 of the Central Sales Tax Act 1956, Section 13 of the Madhya Pradesh Motor Spirit Upkar Adhiniyam 2018 and Section 13 of the Madhya Pradesh High Speed Diesel Upkar Adhiniyam, 2018, subject to following requirements, restrictions and conditions, namely:-
1. The registered dealers shall be the retail outlets (commonly known as Petrol pumps) of only such Petrol, Diesel and Compressed Natural Gas, which are purchased after payment of tax/cess under the Madhya Pradesh VAT Act, The Madhya Pradesh Motor Spirit Upkar Adhiniyam and the Madhya Pradesh High Speed Diesel UpkarAdhiniyam from any of the oil companies notified under sub section (2) of Section 9 of the Madhya Pradesh VAT Act or from any other registered dealer in the State of Madhya Pradesh.
2. Following registered dealers shall not be eligible under this notification -
(a) The dealers in whose cases tax evasion has been detected for the year2021-2022 and 2022-2023.
(b) The dealers in whose cases notice has been issued for additional amount of tax under clause (b) of sub-section (5) of section 18 of the VAT Actfor the year 2021-2022 / 2022-2023 and compliance has not been done before submission of application.
(c) The dealers in whose cases notice has been issued under sub-section (6) of section 19 of the VAT Act for the year2021-2022/ 2022-2023, after Tax Audit and compliance has not been done before submission of application.
(d) In case any kind of refund under the Acts, is claimed in the appended form, for the relevant year.
3. Submission of Application:- An application shall be submitted separately in Form- A, B, Cor D appended to this notification under the Madhya Pradesh VAT Act, 2002, (No. 20 of 2002), Central Sales Tax Act, 1956 (Act No 74 of 1956), Madhya Pradesh Motor Spirit UpkarAdhiniyam, 2018 (No. 11 of 2018) and Madhya Pradesh High Speed Diesel Upkar Adhiniyam, 2018 (No. 12 of 2018).
4. Time limit for submission of the application: An application in the appended forms shall be submitted by the eligible dealer within 120 days from the publication of this notification.
5. Assessing officer: Application shall be submitted to the appropriate Assessing Officer before whom the assessment case for theyear2021-22 / 2022-23 is pending.
6. Documents to be enclosed with the application:-
(a) A copy of challan in proof of payment of amount of tax and interestif any, paid for relevant year.
(b) Every dealer whose turnover during the year2021-2022 or 2022-2023 exceeds Rs.2 crore shall submit an audit report, if not submitted already, prepared by the Chartered Accountant for Income Tax purpose.
(c) The declaration prescribed for exemption of tax and concessional rate of tax under the Central Sales Tax Act (Form-C/F/E-l/E-2/H/I) shall be enclosed along with thelist.
7. Procedure to be followed under which assessment shall be deemed to have been made:-
(a) If the assessing officer, before whom an application is submitted, finds it incomplete or any error in respect of calculation is detected, he shall provideone opportunity of hearing to the applicant.
(b) If any error as aforesaid is found, a show cause notice shall be issued after recording the reasons thereof and the date of hearing shall be fixed and communicated to the applicant.
(c) The applicant shall rectify the error, if any, and file the documents. After the removal of error the competent officer shall accept the application and thereupon assessment shall be deemed to have been made.
(d) If the dealer remains absent on the date fixed for hearing or the error is not removed, the application shall be rejected and intimation thereof shall be sent to the dealer.
(e) The intimation for acceptance of the application shall be sent within 30 days from the date of application. In case communication within above mentioned period is not given to the dealer, it shall be presumed that his application has been accepted.
(f) With the appended application form, copy of the Challan as proof of payment of the additional demand shall be attached mandatorily.
(g) Appropriate instructions for the implementation of the notification may be issued by the Commissioner, Commercial Tax.
FORM-A
Application under the Notification no.---------dated---------
for the assessment case of year 2021-2022 / 2022-2023 (whichever is applicable)under Madhya Pradesh VAT Act, 2002
(Assessment Period........)
To,
The Assessing Officer,
___________________________
I,------------------------------------------------------------------- Proprietor/Partner/Director/ Karta (HUF) of----------------------------------------- hereby verify that the above facts are true to the best of my knowledge and belief.
FORM-B
Application under the Notification no.----------dated---------
for the assessment case of year 2021-2022 / 2022-2023 (whichever is applicable)under Central Sales Tax Act.
(Assessment Period.........)
-----------------------------------------
I,--------------------------------------------------------------------------- Proprietor/Partner/Director/ Karta (HUF) of----------------------------------------------
hereby verify that the above facts are true to the best of my knowledge and belief.
FORM-C
Application under the Notification no.--------------dated----------
for the assessment case of year 2021-2022 12022-2023 (whichever is applicable)under Madhya Pradesh Motor Spirit UpkarAdhiniyam, 2018.
(Assessment Period...........)
1. Dealer's Name:
2. Address:
3. TIN:
4. Gross turnover of sales of Motor Spirit:
5. Turnover of Motor Spirit at the hands of the registered dealer from whom it has been purchased, subject to condition that the selling registered dealer has paid Cess on such sale price.
6. Turnover of Motor Spirit (If not included in Sr. No. 5.):-
(i) Outside the state of Madhya Pradesh
(ii) In the course of interstate trade
(iii) In the course of export of the motor sprit out of India
(iv) Made to unit located in a Special Economic Zone notified by the Government under the provisions of the Special Economic Zones Act, 2005 (Central Act No. 28 of 2005)
7. Any Other deduction
8. Taxable turnover of sales of Motor Spirit [(4)-(5+6+7)]
9. Rate at which cess payable.
10. Amount of Cess payable
11. Interest payable
12. Penalty payable
13. Any other Amount payable
14. Total Amount payable [10+11 + 12 + 13]
15. Amount paid by challan.
16. Description of challan
17. Amount of refund adjustment order
18. Amount of demand to be paid [14 - (15 + 16 + 17)]
19. Amount deposited at the time of application (Challan number and date in compliance of row no. 18)
I ------------------------------------------------------------ ---------- Proprietor/Partner/Director/ Karta (HUF) of-------------------------------------- hereby verify that the above facts are true to the best of my knowledge and belief.
FORM-D
Application under the Notification no.---------------dated----------
for the assessment case of year 2021-2022 / 2022-2023 (whichever is applicable)under Madhya Pradesh High Speed Diesel UpkarAdhiniyam, 2018.
(Assessment Period............)
--------------------------------
4. Gross turnover of sales of High Speed Diesel
5. Turnover of High Speed Diesel at the hands of the registered dealer from whom it has been purchased, subject to condition that the selling registered dealer has paid cess of such sale price
6. Turnover of High Speed Diesel (If not included in Sr. No. 5.),-
(iii) In the course of export of the High Speed Diesel out of India
8. Taxable turnover of sales of High Speed Diesel [(4)-(5+6+7)]
9. Rate at which Cess payable.
14. Total Amount payable [10 +11 + 12+13]
18. Amount of demand to be paid [14 - (15 + 16+17)]
I,----------------------------------------------------------------------------- Proprietor/Partner/Director/ Karta (HUF) of-------------------------------------------- hereby verify that the above facts are true to the best of my knowledge and belief.
By order and in the name of the Governor of Madhya Pradesh,
VANDANA SHARMA, Dy. Secy.