Whereas, the State Government considers it necessary that the following amendments in the Madhya Pradesh Vat Rules, 2006 should be made at once without previous publication in the Official Gazette;
Now, therefore, in exercise of the powers conferred by section 71 of the Madhya Pradesh Vat Act, 2002 (No. 20 of 2002), the State Government, hereby, makes the following further amendment in the Madhya Pradesh Vat Rules, 2006, namely:-
Amendment
In the said rules,-
1. In rule 3, for sub rule (4), the following sub-rule shall be substituted, namely:-
"(4) The authorities specified in clauses (c) to (g) of sub-section (1) of Section 3 shall be subordinate to the Director, the Additional Commissioner and the Appellate Authority (other than Deputy Commissioner), and the Director, the Additional Commissioner and the Appellate Authority shall be subordinate to the Commissioner."
2. In rule 8-A, for sub-rule (4), the following sub-rule shall be substituted namely:-
"(4) The amount to be paid in lumpsum by way of composition shall be determined at the rate specified below and shall be so determined on the total monetary consideration received or receivable by the registered dealer in respect of works contract.
3. In rule 9, in sub rule (2), for the words "sixty days", the words "one hundred eighty days" shall be substituted and for full stop, the colon shall be substituted and thereafter sub rule (2), the following proviso shall be inserted namely:-
"Provided that the application in Form 5-A can be made within three hundred sixty five days from the date of purchase with a late fee of rupees 10/- per say after one hundred eighty days subject to a maximum of ten percent of the input tax rebate claimed.
4. In rule 11, after sub rule (1), the following sub-rule shall be inserted, namely:-
"(1a) Every registered dealer shall, within 30 days from the date of occurrence of any changes in the information given in the mandatory field of the application form, furnish the information in writing to the Registering Authority."
5. In rule 20, in sub-rule (2) for the words "security bonds" the words "bank guarantee or equitable mortgage of immovable property" shall be substituted.
6. In rule 36, for sub rule (2), the following sub-rule shall be substituted, namely:-
"(2) Every registered dealer who is required to furnish quarterly returns,-
(a) if he is liable to pay tax ordinarily of rupees fifteen thousand per quarter or rupees sixty thousand per annum or above but less than rupees twenty five lacs shall pay,-
(i) an amount equal to the actual amount of tax payable by him for every month, other than month of March, of every quarter of a year or one third of the tax deposited in respect of quarter of the previous year corresponding to such quarter on or before the 10th of the subsequent month;
(ii) an amount equal to the actual amount of tax payable for the first twenty five days of the month of March or one third of the tax deposited in respect of the last quarter of the preceding year on or before 31st March of the year;
(iii) the balance of the amount of tax due from him according to the return for a quarter, on or before the date prescribed for furnishing that return;
(b) if he is liable to pay tax ordinarily of rupees 6.25 lacs per quarter or above or rupees twenty five lacs per annum or above, shall pay,-
(i) the actual amount of tax payable by him for every month, other than month of March, of every quarter of a year on or before the 10th of the subsequent month;
(ii) the actual amount of tax payable for the first twenty five days of the month of March of a year on or before the 31st March and the balance of the amount of tax payable for the month of March on or before the 10th of the subsequent month."
7. In rule 54, for sub rule (1), the following sub-rule shall be substituted, namely:-
"(1) Every dealer required to furnish audit report under sub-section (2) of section 39 shall furnish the audit report prepared by a chartered accountant in Form 41-A, to the appropriate Commercial tax officer or any other officer authorized by the commissioner in this behalf by 31st October of the succeeding year.
Provided that a dealer who is an industrial unit having annual turnover of ten crore rupees or less may furnish the audit report prepared by a member of institute of Cost and Works Accountants:
Provided further that the audit report can be furnished upto 31st December of the succeeding year with a late fee of rupees 100/= per day."
8. In rule 56, in the table,-
(i) against serial number 2, in column (3) for clause (iii), the following clause shall be substituted, namely:-
"(iii) To amend or cancel or reinstate a registration certificate.
(ii) for serial number 11 and entries relating thereto, the following serial number and entries relating thereto shall be substituted, namely:-
9. In rule 59, for the words "Shall stay", the word "may stay" shall be substituted.
10. In form 5,-
(i) for the words "Quarter .................... of F.Y. Wherever they occur the word "F.Y." Shall be substituted;
(ii) the words "during quarter" and "during the quarter" shall be omitted
11. In Form 6,-
(i) for PART-A and entries relating thereto, the following Part and entries relating thereto shall be substituted namely:-
PART A: Basic Information
(Leased Deed Registry No./Date ........................)
(Registrar Office Name .......................................)
(Attach xerox of rental/lease agreement)
(ii) in Part-B, in the table, column (8) and (9) shall be renumbered as (11) and (12) and before Column (11) so renumbered, the following columns and entries relating thereto shall be inserted, namely:-
(iii) in Part -I, before last column, the following columns and entries relating thereto shall be inserted, Namley:-
(Address)
(iv) for the existing entries of code of box 9 under "Notes", the following entries and code shall be substituted namely:-
(v) after serial number 8 last entry in "check List of Enclosures", the following entry shall be inserted namely:-
"Security Proof".
12. For Form 10, the following form shall be substituted namely:-
FORM 10
Return
{See rule 21, 22 & 23}
(Original/Revised)
(Affix seal)
(Mention code in box in)*
2
3
2.
3.
PART A
[Total of subhead (a) to (j)
PART B: Computation of Vat on Taxable Turnover (box 3 of PART A)
*Commodity wise Taxable Turnover should be mentioned separately regarding 4% goods
PART C: Purchase Tax
PART D: *Reversal of Input Tax Rebate (From Input tax Rebate claimed in previous returns)
* Amount payable under clause (a) of sub-section (5) of section 14 to be shown.
PART E: Input Tax Rebate (on goods other than plant, machinery, equipment and parts thereof)
PART F: Input Tax Rebate (on plant, machinery, equipment and parts thereof)
PART G: Rebate carried forward from previous quarter and other credits
*Transfer of excess Input Tax Rebate is permissible for Canteen Store Department & Exempted Units only
PART H: Amount of Tax Payable
(like unadjusted credits of TDS,RAO & Challan amount)
PART I: Input Tax Rebate for Adjustments
CLASSIFICATION OF EXCESS INPUT TAX REBATE
PAYMENT DETAILS:
Tax Deduction at Source (TDS)- Details
Refund Adjustment Order (R.A.O.) Details (Self):
Refund Adjustment Order (R.A.O.) Details (received from other dealer by transfer of Input Tax Rebate:
Refund Adjustment Order (R.A.O.) Details (Transferred to other dealer on account of excess Input Tax Rebate:
PART J: Details of Purchases
(Dealer wise purchases within the State of goods specified in Schedule II)
PART K: Details of Total Purchases
1. Total Imports including consignment transfer, for resale
2. Total Imports including consignment transfer, for use or consumption in manufacture
3. Purchase from registered dealers other than dealers opting for composition.
4. Purchase from registered dealers opting for composition.
5. Purchase from unregistered dealers
Total Purchases
Declaration
I .......................(Name) ................ of the above business firm do hereby declare that ,-
(i) the information and particulars given above in this return are true and correct to the best of my knowledge and belief;
(ii) the input tax rebate claimed is supported by bills /invoices/cash memos issued by the selling registered dealers indicating therein separately the amount of tax collected.
(iii) The information contained as general information in this return form is latest and I authorize the authority to amend my registration details on the basis of this information.
Delay (if any) {in days):
(Employee id: .....)
ACKNOWLEDGMENT
List of Annexures
(Annexure forming part of the return are to be annexed by the dealer to whom they apply)
Annexure- 1 List of Bill wise purchases from registered dealers of State
(net of VAT)
Annexure- 2 List of Import Purchases
Annexure- 3 List of Receipt of goods on consignment
Annexure- 4 List of Dealer wise sale within the State
Annexure- 5 List of Inter state sales
Annexure- 6 List of sales in Export/ in the course of Export
Annexure- 7 List of Consignment /Branch Transfer /sales outside the State
Annexure- 8 List of sales to units located in Special Economic Zone
Annexure- 9 Statement of Production and utilization of capping by Industrial units availing exemption / deferment facility
1. Form-4 as prescribed in schemes/Notifications
2. Copy of eligibility certificate
Annexure- 10 Details of payment of Central Excise Duty on Production in manufacturing Unit
Central Excise Registration No. .......................
Annexure- 11 Quantitative Details of purchases from Mandi if a dealer hold Mandi License
(in MT)
Annexure- 12 Quantitative Details of Mining and Minerals in return period
(MT/Cu.Met.)
Annexure- 13 Details of Utilization of Statutory Forms
S No.
(Seal & Signature of the Dealer)
13. For Form 22, the following form shall be substituted namely:-
Form 22
{See Rule 33 (1)}
Order of Assessment and / or penalty
PART A:
Total of sub-head (a) to (k)
PART B: Computation of VAT under section 9 payable on Taxable Turnover ( box 3 of PART A)
Determined
PART C: Purchase Tax under section 10
PART D: * Reversal of Input Tax Rebate under section 14 (5)(a)_
PART E: Input Tax Rebate under section 14 (1)_ (on goods other than plant, machinery, equipment and parts thereof)
PART F: Input Tax Rebate under section 14 (1) (on plant, machinery, equipment and parts thereof)
PART G: Interest for Late Payment under section 18 (4)(a)_
PART H: Penalty imposed
PART I: Payability / Refund
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14. In Form 31, for the words "Name and Address of the Central/State Governments department/Public sector Undertaking/Local Body/Public Limited Company", the words "Name and Address of the Central/State Governments department" shall be substituted.
15. In Form 39, for item 4, the following item shall be substituted, namely:-
"4 Please pay to Shri /M/s. ................................. the sum of Rs.............. (in figures) Rupees ................... (in Words) only of transfer the amount to his bank A/C No. .................... MICR code ...................... of .................. Name and address of the Bank Branch) and debit to the head ..................."
16. Form 41-A shall be renumbered as Form 41-B and before Form 41-B as so renumbered, the following Form 41-A shall be inserted, namely:-
FORM 41-A
[See Rule 54(1)
Audit Report under sub-section (2) of section 39 of the Madhya Pradesh VAT Act, 2002
1. I/We have examined the books of accounts and/or records maintained by M/s ........................ (Name and address of dealer) holding TIN .................... in the State of Madhya Pradesh, relating to purchase, sales and stocks in pursuance of the Provisions of sub-section (2) of section 39 of the Madhya Pradesh Vat Act 2002, for the year/period ended 31st March.........
The above books of accounts and/or records are the responsibility of the dealer's management. Our responsibility is to express an opinion on these records based on our Audit.
We conducted our audit in accordance with the auditing standards generally accepted in India as prescribed by the Institute of Chartered Accountants of India. Those standards require that we plan and perform the audit to obtain reasonable assurance whether the records are free of material misstatement(s). An Audit includes examining on a test basis, evidence supporting the amounts and disclosure in the books of accounts and/or records. An audit also includes assessing the accounting principals used and significant estimate made by the management, as well as evaluating the overall presentation of books of accounts and/or records. We believe that our audit provides a reasonable basis for our opinion.
2. I/We report the following observations /comments / discrepancies/ inconsistencies, if any:-
........................................................................................................................................
2. We report that subject to para 2 above
(a) we have obtained all the information and explanations, which to the best of our knowledge and belief, were necessary for the purpose of our audit.
(b) in our opinion, proper books of accounts and /or records have been kept by the dealer so far as appears from our examination of the books of accounts and /or records.
(c) In my/our opinion the books of accounts and / or records relating to the Purchase, Sales and stocks have been maintained as per the Accounting Standards issued by the Institute of Chartered Accounts of India to the extent applicable.
4. The Statement of Particulars required to be furnished u/s 39(2) of the Madhya Pradesh VAT Act, 2002 read with Rule 54 of the Madhya Pradesh VAT Rules, 2006, is annexed herewith in Form-B.
5. In our opinion and to the best of our information and according to the explanations given to us, the particulars given in said from B are true and correct.
FORM- B
STATEMENT OF PARTICULARS
PART-I
GENERAL INFORMATION
( with phone, Fax, E-mail etc.)
(within the State of Madhya Pradesh) of-
Branch(es)
Godown(s)
Manufacturing Units
(Outside the State of Madhya Pradesh) of-
(Financial Year)
Name of Bank
Branch
Account No.
Type of Account
(in Nos.)
(Rs.)
*give the book No. And serial no. Of Used/ Cancelled forms
(Where applicable)
PART - II
FOR MANUFACTURING ACTIVITY ONLY
A. Particulars of Stock
B. Particulars of Goods Purchase/ Receipts of all goods other than finished goods and return of such goods
(in Rs.)
(3) - (4)
TRADING RESULTS OF MANUFACTURED GOODS
(3)- (4)
[J(5)]
I(iv) to I(xiii)
[B-1(x)(5) +B-2 (ix)(5)]
PART - III
FOR TRADING / CONSIGNMENT SALE ONLY
[H(5)]
G(v) to G(xvii)
[B(x)(5) +C (viii)(5)]
PART - IV
STATEMENT OF REVERSAL OF INPUT TAX REBATE
* The value of goods disposed of otherwise than by way of sale within the State of Madhya Pradesh or in the course of Inter-State trade or commerce or in the course of export out of the territory of India to be shown.
PART - V-
STATEMENT OF TRANSFER OF RIGHT TO USE GOODS
PART - VI
TAX LIABILITY OF MISCELLANEOUS SALES
PART - VII
Statement of Works Contract (For Contractors/sub-contractor)
(a) Labour charges for execution of works
(b) amount paid to sub-contractor for labour and services.
(c) charges for planning designing and architect's fees
(d) charges for obtaining on hire or otherwise machinery and tools used in the execution of works contract
(e) cost of consumables such as water, electricity, fuel etc. used in the execution of the works contract the property in which is not transferred in the course of execution of works contract.
(f) cost of the establishment of the contractor which is relatable to supply of labour and services
(g) other similar expenses relatable to supply of labour and services
(h) profit earned by the contractor to the extent is relatable to supply of labour and services (Give Calculation)
(i) Any other deduction (specify)
Statement of Works Contract(s) for which composition has been opted
G-1 Details of Works Contract(s) under Composition
G-2 Calculation of lump sum amount by way of composition amount
[B(ix)(5) +C (viii)(5)]
PART - VIII
STATEMENT OF INPUT REBATE
(3-4)
* Give reasons for reduced rate
PART - IX
1. BENEFITS AVAILED UNDER EXEMPTION/DEFERMENT SCHEMES
A- BENEFITS AVAILED UNDER EXEMPTION/DEFERMENT SCHEMES
B. Details of Deferred of tax.
(4-6)
PART - X
Miscellaneous information
(a) Specific reasons for difference in taxable sales/purchases, tax liability and input tax credit as per books and as disclosed in return(s), if any.
(b) Whether there is delay in payment of tax? If yes, please give particulars.
(c) Whether there is delay in filing of returns, If yes, please give particulars.
(d) Summary of sales to industrial units situated in Special Economic Zone in Madhya Pradesh
(e) Summary of Direct Export
(f) Summary of sales in the course of Export against Form H:
(g) Summary of Inter-State Sales liable to tax under Section 8(1) of the Central Sales Tax Act, 1956 against Form "C":
(h) Summary of Inter-State Sales claimed as exempt under Section 8(2) of the Central Sales Tax Act, 1956 supported with declarations/certificate:
(A) SALES:
(B) PURCHASES:
(i) Summary of Inter-State Branch transfer/consignment sales supported with declaration Form "F":
(j) Summary of Inter-State Sales claimed as exempt under Section 8(5) of the Central Sales Tax Act, 1956 supported with declaration Form "C":
(k) Summary of Inter-State Sales claimed as exempt under Section 8(6) of the Central Sales Tax Act, 1956 supported by Form "I":
Computation of vat
COMPUTATION OF CST
COMPUTATION OF ENTRY TAX
DECLARATION
I ............................................ (Name of the Authorized Signatory) in my capacity as ............................. (designation) of ................................................................................ (name and address of the dealer ) do hereby declare that the particulars given above are true and correct to the best of my/our knowledge, information and belief and all information furnished herein above in accordance with our books of accounts and in the returns submitted as per Appendix-1
17. In Form 49, against serial number 1, for the words "Name and Complete address of the consignor" the words "Name and Complete address of the consignor or consignee, as the case may be, of the other State" shall be substituted.
18. In Form 52, for the last paragraph, the following paragraph shall be substituted.
"Now therefor, you are called upon to show cause on ................. why a penalty of Rs............. (in words) .................................... should not be imposed upon you."