(1) Where a dealer has become liable to be registered under this Act, the first return to be furnished by him shall be for the period from the appointed day, 1st April of the year, or as the case may be, from the date of event which makes him liable to pay tax to the end of the six-monthly period containing the date of registration. He shall continue to file six-monthly returns in respect of periods ending on or before the end of the year containing the date of effect of registration. The six-monthly return shall be filed within twenty-one days of the end of the six-monthly period to which the return relates.
(1A) Where a dealer who obtains registration under this Act on or after 1st April, 2016, and, -
(a) has not applied for the registration within the prescribed period, then for such unregistered period, the first return to be furnished by him shall be for the period from the date of first transaction of sales ,or, as the case may be, purchases to the end of the month in which such date occurs. Thereafter, he shall continue to file monthly returns till the month immediately before the month containing the date of effect of registration. The last return for such unregistered period shall be filed from the 1st day of the month containing the date of effect of registration to the date immediately before the date of effect of registration. Thereafter the first return for the registered period to be furnished by him shall be for the period from the date of effect of registration to the end of the month containing the said date of effect of registration and he shall continue to file monthly returns in respect of periods ending on or before the end of the year containing the said date of effect of registration.
(b) has applied for registration within the period specified in rule 8, then the first return to be furnished by him shall be for the period from the date of first transaction of sales ,or, as the case may be, purchases to the end of the month in which such date occurs. Thereafter, he shall continue to file monthly returns in respect of periods ending on or before the end of the year containing the said date of effect of registration.
(2) Where the business in which the dealer is engaged is discontinued or otherwise disposed off or has been transferred, then the last monthly return or, as the case may be, quarterly return or six monthly return shall be for the period beginning with the first date of the month or, as the case may be, first date of the quarter or the first date of the six month period and ending with the date of the said discontinuance, disposal, or transfer of the business. The provisions contained in sub-rule (4) or as the case may be, in sub-rule (4A) of rule 17 regarding the time in which monthly or quarterly or six monthly returns are to be filed shall apply to such return.
(2A)Where the registration is cancelled with effect from 1st April 2016 or thereafter, then such dealer shall file other details for entire year or, as the case may be for the part of the year in the Annexures appended to Form 704 alongwith the last monthly or, as the case may be, quarterly return.
(3) (a) A dealer to whom a Certificate of Entitlement (excluding the Certificate of Entitlement granted under the Power Generation Promotion Policy, 1998) has been granted for the purpose of availing of incentives by way of exemption from payment of tax, shall file, -
(i) a return in a Form prescribed in rule 17 for the period beginning with the first day of the month or, as the case may be, first day of the quarter or the first day of the six month period and ending with the date immediately preceding the date of effect of the said certificate,
(ii) thereafter he shall file quarterly returns in Form 234 and accordingly the first return after obtaining the Certificate of Entitlement shall be filed from the date of effect of the said certificate to the end of the quarter. If the dealer has executed any works contract or has transferred the right to use any goods for any purpose or has part of the business under composition, then he shall notwithstanding anything contained in sub-rule (4) of rule 17 also file a quarterly return in Form 233 in respect of such activities in addition to the return in Form 234.
(iii) The last return shall be for the period beginning with the first date of the quarter and ending with the date on which the said certificate ceases to be valid.
(iv) The next immediate return shall be for the period commencing on the date immediately succeeding the date on which the said certificate ceases to be valid to the end of the quarter.
(v) For the balance period of the year, if any, he shall file quarterly returns.
(vi) The periodicity of the returns for the immediately succeeding year shall be decided in accordance with rule 17 and for this purpose the provisions contained in sub-rule (4) of rule 17 shall apply to such dealer as if the expression "tax liability" of the dealer included the cumulative quantum of benefits availed by the dealer.
(b) The provisions of clause (a) shall mutatis mutandis apply to a dealer to whom a Certificate of Entitlement by way of deferment of payment of tax has been granted.
(3A) (a) A dealer to whom a Certificate of Entitlement (excluding the Certificate of Entitlement granted under the Power Generation Promotion Policy, 1998) has been granted for the purpose of availing of incentives by way of exemption from payment of tax, shall for the periods starting on or after 1st April 2016, file, -
(i) a return in a Form prescribed in rule 17 for the period beginning with the first day of the month or, as the case may be, first day of the quarter and ending with the date immediately preceding the date of effect of the said certificate,
(ii) thereafter he shall file monthly returns in Form 234 and accordingly the first return after obtaining the Certificate of Entitlement shall be filed from the date of effect of the said certificate to the end of the month.
Provided that, if the dealer has executed any works contract or has transferred the right to use any goods for any purpose or has part of the business under composition, then he shall notwithstanding anything contained in sub-rule (4A) of rule 17 also file a monthly return in Form 233 in respect of such activities in addition to the return in Form 234.
(iii) The last return shall be for the period beginning with the first date of the month and ending with the date on which the said certificate ceases to be valid.
(iv) The next immediate return shall be for the period commencing on the date immediately succeeding the date on which the said certificate ceases to be valid to the end of the month.
(v) For the balance period of the year, if any, he shall file monthly returns.
(vi) The periodicity of the returns for the immediately succeeding year shall be decided in accordance with rule 17 and for this purpose the provisions contained in sub-rule (4A) of rule 17 shall apply to such dealer as if the expression "tax liability" of the dealer included the cumulative quantum of benefits availed by the dealer.