In exercise of the powers conferred by section 16-A of the Madhya Pradesh Vat Act, 2002 (No. 20 of 2002) read with secton 17 of the Madhya Pradesh Commercial Tax Act 1994 (No. 5 of 1995) (hereinafter referred to as the Commercial Tax Act) and section 10 of the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam 1976 (No. 52 of 1976) (hereinafter referred to as the Entry Tax Act), the State Government, hereby, exempts the class of dealers specified in column (1) of the schedule below, from the operation of section 27 of the Commercial Tax Act and the Rules made there under in respect of the cases specified in column (2) subject to the restrictions and conditions specified in column (3) of the said schedule.
SCHEDULE
1. The industrial units who are eligible to avail of the facility of exemption/ deferment of payment of tax under any notification issued by Government of Madhya Pradesh
2. The dealers other than public sector undertaking whose annual turnover is more than rupees 50 crores.
3. The dealers, in whose cases of the period specified in column (2), tax evasion has been detected / proposed.
4. The manufacturing units whose sales outside the state of manufactured goods is more than 50 percent of the total sales during the year.
5. The dealer who is a defaulter on the date of application under the Madhya Pradesh Land Revenue Code.
6. Works contractor who has received payment of more than 1 core against the work done.
7. The dealers whose annual tax payable according to four quarterly returns or in any of the 3 years preceding the relevant year is more than 50 lac
(a) 15th December, 2007 dealers having annual turnover up to 4 crores
(b) 15.12.2007 other dealers
1A.The application referred to in clause 1, can be submitted on or before 31.12.2007 with a late fee of rupees 50 per day after 15.12.2007.
1B.The application referred to in clause 1, relating to assessment year 2005-06, can be submitted on or before 30.06.2008.
2. The intimation of acceptance of the application shall be sent to the dealers, other than, those selected as per clause 3, within 90 days from the aforesaid date in case of non-receipt of the intimation of acceptance/selection for assessment the receipt of application shall be deedmed to be the intimation of acceptance.
3. Up to 5% of such dealers to be selected in the manner decided by the Commissioner shall be assessed.
4. The exemption under the Central Sales Tax Act shall be subject to the condition of furnishing of prescribed declaration forms
5. The intimation sent in clause 2 shall be deemed to be an order of assessment for the purposes of the Acts mentioned in column (2).
Form
(Application under Commercial Tax Department's Notification No ( ) Dated ...............
To,
Assistant Commissioner Commercial Tax
Commercial Tax Officer
Assistant Commercial Tax Officer,
(Assessing Officer)
............................
...........................
With reference to the requirements made by Commercial Tax Department`s Notification No ( ) Dated ............ I hereby submit the following particulars relating to Commercial Tax, Central States Tax and Entry Tax.
A. Commercial Tax
B. Central Sales Tax :
I hereby solemnly affirm that the above information is true to the best of my knowledge and belief. I am not included in the class of dealer mentioned in column (`1) of the schedule to the aforesaid notification. The annexure along with the declarations/certifications as mentioned above are annexed herewith.
. Strike out if not applicable.
.. Trading account/audited balance sheet be attached.
... Only annexure which are applicable to be annexed with the application.
\... Copy of Challan (if any) already not submitted to the department be enclosed.
Annexure 'A'
(for Commercial Tax)
[Under Commercial Tax Department's Notification No ( ) Dated ............]
Part -1
(Details of sales against Declarations)
The original copies of the declarations as mentioned above available with me, shall be submitted if required.
Signature of the dealer
Part - 2
(Details of Sales out side the State)
Part - 3
(Details of Sales in the course of export out of India)
Form No.
The original copies of the F/H/35 form and bill of lading as mentioned above are attached herwith
Annexure 'B'
(for Central Sales Tax)
(Details of inter- sales of tax paid goods)
Part -2
(Details of Sales against E-1, E-2 and C-form )
The original copies of the declarations E-1, E-2, C and D-form as mentioned above are attached herewith
Annexure 'C'
(for EntryTax)
(Details of sales against declarations)
The original copies of the declarations as mentioned above available with me shall be submitted if required.
Annexure 'D'
(Calculation Sheet of Interest)
......................................................... Signature of the dealer
By Order and in the name of Governor of Madhya Pradesh