(1) Every dealer, registered under section 7 of the Act shall submit a return of his transactions electronically in Form 10 prescribed under the Kerala Value Added Tax Rules, 2005 showing the turnover for the preceding month and the amount or amounts collected by way of tax under the Act together with proof for the payment of the tax due thereon and also submit the connected declaration forms in Form C and /or F and the certificates in Forms D, E I and E II prescribed under sub rules (1) and (2) of rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 so as to reach the assessing authority on or before,-

(a) the tenth day of the month following the return period for those dealers, other than oil companies, whose annual tax liability for the preceding financial year was ten lakhs rupees or more; and

(b) the fifteenth day of the month following the return period for oil companies and all other dealers.

Provided that, the oil companies shall make payment of an amount not less than seventy per cent of the tax payable for the preceding month of a return period electronically through the Kerala Value Added Tax Information System and intimate the payment and furnish a copy of the electronic challan to the assessing authority on or before the seventh day of the month following such return period.

Explanation- "Oil Companies" shall have the same meaning as assigned to it in the explanation (a) to clause (c) of sub-section (1) of Section 5 of the Kerala General Sales Tax Act, 1963";

(1-A) Omitted w.e.f. 30-03-2024.

(1-B) Notwithstanding anything contained in sub rules (1) the selling dealer who has not obtained the declaration forms in Forms 'C' and/or 'F' and the Certificates referred to in Sub-rules (1), from the purchasing dealer by the due date for the submission of the return may obtain such declaration forms in Forms 'C' and/or 'F' and the certificates relating to any assessment year and produce the same before the assessing authority at any time before the assessment for the year is made.

(2) Every such dealer who discontinues his business during the course of the year shall submit to the assessing authority concerned within 30 days of such discontinuance a return in the manner prescribed in sub-rule (1) for the month in which his business was discontinued.

(2-A) If any dealer, having furnished a return under Sub-rule (1) or (2) discovers any omission or wrong statement therein, he may furnished a revised return at any time before the assessment is made.

(3) The return so filed under sub-rule (1) and (2) shall subject to the following sub-rule be provisionally accepted.

(4) If no return as prescribed under sub-rule (1) and (2) is substituted, or if the return is submitted without proof for the payment of the full amount of the tax payable or if the return submitted appears to be incorrect or incomplete, the assessing authority shall, after making such enquiry as he considers necessary, and after giving the dealer an opportunity of proving the correctness and completeness of the return where the return has been submitted by the dealer, determine the turnover to the best of his judgement and provisionally assess the tax or taxes payable for the month or quarter, as the case may be, and shall serve upon the dealer a notice in Form III and the dealer shall thereupon pay the tax so assessed at the time and in the manner specified in the notice.

(5) After the close of the year the assessing authority shall, after such scrutiny of the accounts and after such enquiry as he considers necessary, satisfy himself that the return or returns filed are correct and complete and finally assess under a single order the tax or taxes payable under the Act for the preceding year or for the year to which the return submitted relates, as the case be. Provided that if no return or returns have been submitted by the dealer as required by sub rules (1) and (2) or if any return or returns submitted by him appear to the assessing authority to be incorrect or incomplete the assessing authority shall, after making such enquiry as he considers necessary and after giving the dealer an opportunity of providing the correctness and completeness of the return submitted by him, determine the turnover to the best of his judgment and finally assess under a single order the tax or taxes payable under the Act for the preceding year or the year concerned. Such action may be taken in respect of a dealer who discontinues his business during the course of a year soon after discontinuance.

(6) If, on final assessment made under sub-rule (5), any sum is still due from the dealer, a notice in Form IV shall be issued and, if any sum is due to the dealer, a notice in Form V shall be served upon the dealer.

(7) (i) If, for any reason the whole or any part of the turnover of business of a dealer has escaped assessment to tax in any year, the assessing authority may at any time within four years from the expiry of the year to which the tax relates, proceed to determine to the best of his judgment the turnover which has escaped assessment and assess the tax payable on such turnover after issuing a notice to the dealer and after making such enquiries as he considers necessary.

(ii) Where an assessment or reassessment has been deferred on account of any account of any stay order granted by the High court or any competent authority in any one case, or by reason of the fact that an appeal or other proceeding is pending before the High Court or the Supreme Court involving a question of law having a direct bearing on the assessment in question, the period during which the stay order was in force or such appeal or proceeding was pending shall be excluded in computing the period of four years specified in clause (i).

(iii) Whereas assessment or re-assessment has been set aside by the Appellate Tribunal or the High Court or the Supreme Court for any reason, the period between the date of such assessment and the date on which it has been set aside shall be excluded in computing the period of four years specified in clause (i).

(8) If, for any reason, any tax has been assessed at too low a rate in any year, the assessing authority may, within four years from the expiry of the year to which the tax relates, proceed to revise the assessment after issuing a notice to the dealer and after making such enquiry as he considers necessary.

(9) An assessing authority may, at any time within three years from the date of any order passed by him, rectify and mistake apparent from the record:

Provided no such rectification which has the effect of enhancing the assessment shall be made unless the assessing authority has given a notice to the dealer of the intention to do so and has allowed him a reasonable opportunity of being heard.

(10) The powers under sub-rules (7), (8) and (9) can be exercised by an assessing authority even though the original assessment, if any, passed in the matter has been the subject-matter of an appeal or revision.

(11). A dealer coming under the purview of sub-rule (ii) of rule 12 of the Central Sales Tax Registration and Turnover) Rules, 1957, shall submit a declaration in Form I specified therein duly countersigned and certified by such authority as specified by the State Government/Assessing Authority under whose jurisdiction the units in the special Economic Zone is situate to the effect (Notified under Section 76A of the Customs Act) (Central Act 52 of 1962) that the sale is for the purpose of establishing a unit in such zone.