In exercise of the powers conferred by section 94 of the Orissa Value Added Tax Act, 2004 (Orissa Act 4 of 2005), the State Government do hereby make the following rules further to amend the Orissa Value Added Tax Rules, 2005, namely:-
1. (1) These rules may be called the Orissa Value Added Tax (2nd Amendment) Rules, 2010.
(2)They shall come into force on the date of their publication in the Orissa Gazette.
2. In the Orissa Value Added Tax Rules,2005 (here-in-after referred to as the said rules), in rule 4,
(i) in sub-rule (1), after the words "circles over which" the words and symbol "a Deputy Commissioner or ," shall be inserted.
(ii) in sub-rule (2), after the words "or an Assistant Commissioner of Sales Tax" the words "or a Deputy Commissioner" shall be inserted.
3. In the said rules, in rule 6,
(i) in clause (c), for the words "subject to production of evidence to the satisfaction of the Commissioner" the words and figures "subject to furnishing a certificate issued by the purchasing dealer in a SEZ / STP / EHTP in Form VAT-616 along with the return furnished for the tax period during which the sale takes place and such other evidence to the satisfaction of the Commissioner" shall be substituted, and
(ii) in clause (d), for the words "subject to production of evidence to the satisfaction of the Commissioner" the words and figures "subject to furnishing a certificate issued by the EOU in Form VAT-616 along with the return furnished for the tax period during which the sale takes place and such other evidence to the satisfaction of the Commissioner" shall be substituted.
4. In the said rules, in rule 8, in sub rule (6), for the words "registering authority", the words "assessing authority" shall be substituted.
5. In the said rules, in rule 9, in sub-rule (1), in clause (a), for the words " twenty lakh" wherever occur, the words "forty lakh" shall be substituted.
6. In the said rules, in rule 15, after sub-rule (10), the following sub-rule shall be inserted, namely -
"(11) Not-withstanding anything provided in these rules, it shall be mandatory for the applicants to furnish self signed copy of the PAN card issued in his favour for new registration and the dealers already registered under the Act shall furnish the same within four months from the date of effect of this sub- rule to the concerned registering authority".
7. In the said rules, in rule 27, in sub-rule (1), in clause (d), for the word and figures "rupees 20 lakh", the words "rupees forty lakh" shall be substituted.
8. In the said rules, in rule 27-A, in sub-rule (1), in clause (c), for the words " twenty lakh", the words "forty lakh" shall be substituted.
9. In the said rules, in rule 32, after sub-rule (3), the following proviso shall be added, namely-
"Provided that where the dealer produces the evidence to the satisfaction of the registering authority to the effect that the ground on which the certificate has been so suspended is erroneous or not applicable, as the case may be, in that case the restoration shall take effect from the date of suspension."
10. In the said rules, in rule 33,
(i) in format (ii), in Table-B, in column (6) and (7), for the word "cancellation" appearing therein, the word "suspension" shall respectively be substituted ; and in column (8), for the word "cancelled", the word "suspended" shall be substituted; and
(ii) in format (iv), in Table-B, in column (6) and (7), for the word "suspension" appearing therein, the word "cancellation" shall respectively be substituted and in column (8), for the word "suspended", the word "cancelled" shall be substituted.
11. In the said rules, in rule 34,(A) in sub-rule (1) (i) in clause (a), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner", and (i-a) after the existing proviso to clause (a), the following further proviso shall be inserted namely:"
Provided further that, with prior approval of the Government, the Commissioner may prescribe, by notification, any different return form in respect of any class or classes of dealers." ;
(ii) In clause (b), after the words and figures "in Form VAT-201" the words "or in such other form as prescribed by the Commissioner, by notification with prior approval of the Government" shall be inserted.
(iii) after clause (b), the following new clauses shall be inserted -
"(c) From such date and in such manners as may be prescribed by the Commissioner by notification, the Return required to be furnished under clause (a) or (b) of sub-rule (1), sub-rule (6), 6A and (10) can also be filed electronically.
(d) The Commissioner may, by notification specify the date from which all or a certain class of dealers shall, subject to such conditions as may be specified, submit return through the electronic mode only."
(B) in sub-rule (2), the word "month" shall be substituted by the word "quarter" and (C)after sub-rule (2), the following proviso shall be added, namely: -
"Provided that, for the dealers whose records are assigned to LTU through a notification issued under sub-rule (7) of rule 4 and such other dealers as will be specified by the Commissioner through a notification issued under sub-rule (3) of this rule, the tax period shall comprise a 'month'."
(D) in sub-rule (4), the word and symbol "Deputy /", shall be inserted before the words "Assistant Commissioner";
(E) in sub-rule (6), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner";
(F) after sub-rule (6), the following sub-rule shall be inserted, namely:
"6A In addition to the return filed under sub-rule (1) or sub-rule (6) and subject to sub-rule (4) and (5), every dealer registered under the Act shall furnish an annual return within six months from the end of the year in Form 201-A"; and
(G)in sub-rule (10), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
12. In the said rules, in rule 35, in sub-rule (1), (i) before the word "Assistant Commissioner", the word and symbol "Deputy /" shall be inserted; and
(ii) after the existing proviso, the following proviso shall be inserted, namely: -
"Provided further that, the Government may ask a certain or all class of dealers to make payment through e-payment only from the date to be notified by the Government."
13. In said rules, in rule 38,
(i) in sub-rule (1), the words "or the date of assessment, which ever is earlier" shall be omitted; and
(ii) in sub-rule (2), after the words "receipted challan" the words "or e-challan" shall be inserted.
14. In said Rules, in Rule 39, in sub-rule (3), after the words "Government Treasury" the words "or e-challan" shall be inserted and before the word "Assistant Commissioner" the word and symbol "Deputy /" shall be inserted.
15. In said rules, in rule 41, in sub-rule (4), for the word "two" the following shall be substituted - "three".
16. In said rules, in rule 54, in sub-rule (2), after the words "within thirty days from the date of service of the notice", the words "along with" shall be inserted.
17. In said rules, in rule 57,
(i) in sub-rule (1), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(ii) in sub-rule (3), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(iii) in sub-rule (7), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(iv) in sub-rule (8), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner" wherever occurring.
18. In said rules, in rule 58,
(i) in the proviso to sub rule(1), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(ii) in sub rule (2), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(iii) in sub rule (3), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
19. In said rules, in rule 59,
(i) the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner" wherever occurring; and
(ii) in the second proviso, for the word "month" wherever occur, the word "quarter" shall be substituted.
20. In said rules, in rule 65,
(i) in sub-rule (2), in clause (a), the words "of the range" appearing after the words "to the assessing authority" shall be omitted.
(ii) in sub-rule (3), in clause (a), the words "of the range" appearing after the words "to the assessing authority" shall be omitted.
21. In said rules, in rule 80,
(A) in sub-rule(1),(i) in clause(ii), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner" and
(ii) clause (iv) shall be substituted by the following, namely -
"(iv) (a) application for subsequent issue of waybills referred to in clause(i) and clause (v) of this sub-rule shall be accompanied by an account of utilization in Form VAT-403.
(b) Before subsequent issue of waybills, the issuing authority shall cross verify the information furnished in Form VAT-403 with the information available in the Commercial Taxes Department database, copies of the utilized waybills received, if any, from the check gates and the state of tax compliance by the dealer."
(iii) in the first proviso to clause (v), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(iv) in the second proviso to clause (v), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(v) in the third proviso to clause (v), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(B) in sub-rule (2), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(C) after sub-rule (4), the following sub-rule shall be inserted namely -
"4(a) Not withstanding the provisions regarding issue of waybills in sub-rule (1), (1-a), (2), (3), (4) and subject to the provisions in sub-rule (5), (6), (7), (8), (9), (10) and (11), waybill in Form VAT-402 shall be issued electronically from such date in such manner and subject to such conditions and restrictions as the Commissioner may prescribe through notification."
(D) in sub-rule (5), in the second proviso, the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(E) in sub-rule (6), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(F) in sub-rule (7), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(G) in sub-rule (8), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(H) in sub-rule (17), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
(I) in sub-rule (20), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
22. In said rules, in rule 81, in sub-rule(1),
(i) in clause(ii), the words "on application" shall be omitted from the existing place and the words and comma "on receipt of application," shall be added at the beginning.
(ii) in clause(iii), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner", and
(iii) in clause(v), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner" wherever occurring.
23. In said rules, in rule 84,
(i) in sub-rule (1), the words "except in accordance with the conditions laid down in this rule." shall be added at the end;
(ii) in sub-rule (2), clause (b) shall be omitted;
(iii) in sub-rule (7), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner"; and
(iv) in sub-rule(14), the word and symbol "/ Deputy /" shall be inserted after the words "officer in charge of the check post or barrier or Sales Tax Officer".
24. In said rules, in rule 85,
(i) in sub-rule (1), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner"; and
(ii) in sub-rule (2), the word and symbol "Deputy /" shall be inserted before the words "Assistant Commissioner".
25. In said rules, in rule 86, in sub-rule (1),
(i) in clause (a), the words "of the range" shall be inserted after the words "Deputy Commissioner of sales tax"; and
(ii) in clause (b) the word "or" appearing before the words "a Deputy Commissioner" shall be omitted.
26. In the said rules, after rule 117, the following rule shall be inserted, namely:"
117-A Application for determination of disputed questions before the Tribunal:
(1) A separate application for determination of a disputed question shall be made in respect of each question that is sought to be determined and such application shall be presented to the Registrar of the Tribunal.
(2) The application shall (a)be in writing,
(b) contain the name and address of the applicant, with TIN/SRIN
(c) be accompanied with proof of payment of fees when the application is filed by a registered dealer.
(d) contain a statement of relevant facts in detail along with supporting evidence, if any;
(e) contain a statement explaining the circumstances in which the dispute has arisen, and
(f) be signed and verified by the dealer and not by any authorised person.
Verification
I ............ (Name) . (relationship with the business) do hereby declare that the particulars furnished and statements made above are correct and complete to the best of my knowledge and belief.
I also declare that the disputed question on which Advance Ruling is sought is not the subject matter of any assessment or appeal proceeding in my / our case.
(3) The Registrar of the Tribunal shall maintain a separate register for application filed under section 78A.
(4)The application for advance ruling shall be admitted for hearing, if it is in order.
(5)The application may be summarily rejected, if the application is incomplete or on any other ground which the Tribunal may consider sufficient.
Provided that, before an order is passed summarily rejecting the application under this sub-rule, the applicant shall be given a reasonable opportunity of being heard by issue of notice in Form VAT-507-A.
(6) On admission of application seeking Advance Ruling, notice fixing the date for hearing shall be issued in Form VAT-509-A which shall be served in the manner prescribed in rule 99.
(7) The Tribunal shall pass orders in writing in respect of the applications admitted after hearing the applicant as well as the Commissioner.
(8) On receipt of representation from the Commissioner in writing seeking declaration of any Advance Ruling issued under sub-section (4) as void ab initio under sub-section (7) or application / representation for modification of any Advance Ruling under sub-section (8) of Section 78A. The tribunal shall hear the parties by issuing notice in Form VAT-509-B.
(9) After hearing the parties as per notice issued under sub-rule (8), the Tribunal shall pass orders under sub-section (7) or sub-section (8) of Section 78A.
(10) Copies of order passed under section 78A shall be supplied to the Commissioner as well as to the other party to the Advance Ruling in the manner prescribed in Rule 113".
27. In the table appearing under rule 125, after clause VIII, the following clause shall be added, namely: "(ix)
28. In the said rules, in rule 129, sub-rule (1) and (2) shall be substituted by the following sub-rules, namely:"(1) For issue of clearance certificate as referred to in section 99, the application in duplicate duly verified and signed by the applicant shall be made to the Assessing Authority
(i) in Form VAT-611, if the clearance certificate is required by a registered dealer, or
(ii) in Form VAT-611A, if the clearance certificate is required by a dealer person not registered under the Act;
Provided that before filing application in Form VAT-611A, seeking issue of a clearance certificate, the dealer / person making such application shall swear an affidavit declaring the material facts furnished in the application as correct and such affidavit shall be enclosed to the application.
(2) If the assessing authority is satisfied that the application is in order and particulars furnished therein are correct, shall within one week from the date of receipt of such application issue clearance certificate;
(i) in Form VAT-612, if the applicant is a dealer registered under the Act, or
(ii) in Form VAT-612A, if the applicant is a dealer / person not registered under the Act."
29. In the said rules, in rule 131,
(A) in sub-rule (1), in clause (c), for the symbol full-stop (.) the symbol and words "; or" shall be substituted and after clause (c), the following clause shall be added, namely :
"(d) by sending it by fax message or by electronic mail service if any such address is furnished to the Department"
(B) after sub-rule (2), the following sub-rule shall be added, namely: -
"(3) Where the authority issuing notice is satisfied that there is reason to believe that the dealer or the person to whom the notice is issued is keeping out of the way for the purpose of avoiding service or that for any other reason the notice can not be served in ordinary means, in such cases orders can be passed for service by advertisement in a daily newspaper circulating in the locality in which the dealer or the person to whom the notice is issued is last known to have resided, carried on business or personally worked for gain."
30. In the said rules, for Form VAT-001, the following Form shall be substituted, namely:-
FORM VAT - 001
REGISTRATION CERTIFICATE FOR DEALERS LIABLE TO PAY TURNOVER
TAX.
[See sub-rule (1) of rule 18 and sub-rule(4) of rule 19 ]
I hereby certify that ___________________________ status ______________,
Whose principal business activities comprise ________________ and whose Principal Place of business / Place of business in located at :-
is registered / is deemed to be registred under sub-section (2) / sub-section (5) of\ section 25 or sub-section (2) of section 26 of the Orissa Value Added Tax Act, 2004 and is assigned with Identification Number.
S R I N
02. The additional place of business, branch, godown or warehouse is situated at the following address :
03. The following goods or class or classes of goods are purchased or intended to be purchased for resale.
2
3
4
5
04. Given under my hand at ________________ on the _____ day of _______, 200
05. Your local Tax office is _______________________ CIRCLE.
Note :
Score out whichever is not applicable.
Use Block letters.
31. In the said rules, for Form VAT-103, the following Form shall be substituted, namely:-
FORM VAT-103
REGISTRATION CERTIFICATE FOR DEALERS LIABLE TO PAY
VALUE ADDED TAX
[See Sub rule (1) of rule 18, sub rule (1) and (2) of rule 19]
I hereby certify that _______________________________________ status ___________________, whose principal business activities comprise ________________________ and whose Principal place of business/place of business is situated at : -
Village/Holding No.
Locality
Ward No.
Corporation/Municipality/N.A.C./
Town/City.
Police Station
District
is registered/is deemed to be registered under sub section (2)/sub section (5) of Section 25 or sub section (2) of Section 26 of the Orissa Value Added Tax Act, 2004 and is assigned with Identification Number.
02. The additional place of business, branch, go down or warehouse is situated at the following address:
03. The following goods or class or classes of goods are purchased or intended to be purchased to be purchased or received otherwise than by way purchases for resale or sale.
2.
3.
4.
5.
7.
8.
9.
10.
04. The following goods are purchased or intended to be purchased or received otherwise than by way of purchases for use as capital goods, raw materials, consumables, fuels directly in the manufacture of goods and packing materials, for sale.
6.
05. The following goods are manufactured or produced as bye-product for sale:
06. The following goods are purchased or intended to be purchased or received otherwise than by way of purchases for use in the execution of works contract.
07. Given under my hand at ______________ on the _____________ day of ________200......
___________________CIRCLE
Note:
Score out whichever is not applicable
Use block letter
No box shall be left blank
When not applicable, the box shall be crossed and stamped "NOT APPLICABLE".
Registration Certificate shall be displayed at a conspicuous place of Principal place of business.
Copy of Registration Certificate shall be displayed at a conspicuous place of each additional place of business mentioned in such Certificate".
32. In the said rules, for Form VAT-104, the following Form shall be substituted, namely:-
FORM VAT-104
.
(Mark "v " whichever is applicable)
Please take notice that an amount of Rs. __________________ (Rupees _______________) only has been estimated as the security payable by you under subsection (1) of section 27 of the Orissa Value Added Tax Act, 2004.
Being a registered dealer under the Orissa Value Added Tax Act, 2004, you have already furnished security of Rs. ______________ (Rupees _______________________) on ________________ ,or Being a registered dealer under the Orissa Value Added Tax Act, 2004, you have not furnished any security;
You are now required to pay the additional security or security, as estimated to be due and payable in the manner specified in sub-rule (4) of rule 24, within fourteen days from the date of receipt of this notice.
After careful consideration of your application for grant of registration received in this office on _________, you are required to furnish security of Rs. ________________ (Rupees ___________________) as mentioned above in the manner specified in sub-rule (4) of rule 24, within fourteen days from the date of receipt of this notice.
Failure to comply with the terms of this notice shall result in cancellation of your certificate of registration under rule 31 or rejection of the application for registration under sub-rule (5) of rule 24, as the case may be.
Signature and Seal
33. In the said rules, for Form VAT-107, the following Form shall be substituted, namely:-
FORM VAT - 107
INTIMATION TO A DEALER ON HIS LIABILITY TO PAY VAT IN LIEU OF TURNOVER TAX
[Refer sub-rule (3) of rule 27]
(a)
(b)
(c)
34. In the said rules, for Form VAT-110, the following Form shall be substituted, namely:-
FORM VAT-110
NOTICE OF SUSPENSION OF REGISTRATION CERTIFICATE
[Refer sub-rule (2) of rule 32]
Address....................................................................................
04. You are found to have committed the following offence(s) as per records available in this office: (Please, mark "v " whichever is applicable in the appropriate box)
05. Accordingly, your continuance as a registered dealer is prejudicial to the interest of revenue.
06. Your certificate of registration is, therefore, suspended under sub-section (1) of Section 30 of the Orissa Value Added Tax Act, 2004.
07. The suspension of your registration certificate shall take effect from the date of service of this notice.
08. Please note that you are not entitled to input tax credit from the date, the suspension takes effect to the date of order of the restoration of your registration certificate, if any.
09. Please also note that you are not entitled to issue any tax invoice against your sales during the period as mentioned in the preceding paragraph.
10. However, you are given an opportunity to produce such evidence, record or document relying on which, you intend to rebut the allegations.
11. You are, therefore, directed to appear in person or through your authorised representative in the office of the undersigned at ___________A.M./P.M. on ___________ and produce such evidence, record or document.
12. If you fail to appear or cause appearance on the date and time fixed and produce relevant evidence, records or documents, the order of suspension of the registration certificate shall be decided on merit.
Place______________
Date_______________
____________________Circle
35. In the said rules, for Form VAT-111, the following Form shall be substituted, namely:-
FORM VAT-111
SHOW CAUSE NOTICE FOR FAILURE TO BE REGISTERED
[Refer Sub-rule (1) of rule 17)
(Strike out whichever is not applicable)
03. You were intimated in this office letter no _________ dt. ______/ _______/ _______ that your gross turnover of sales has exceeded the taxable limit w.e.f. ______/ _____/ ________ and that you are required to be registered under subsection(1) of section 25 of the Act from this date.
Or
You, being a dealer, registered under section 7(1) of the Central Sales Tax Act, 1956 or you being a dealer liable to be registered under the said Act, effected sales inside the state, for which you are required to be registered under sub-section(1) of section 25 of the Act w.e.f ____/ __/ ____, as intimated to you in this office letter no ______ dt _______/ ________/ _______.
04. In spite of due service of the intimation as referred to above, you have failed to get yourself registered under the Act.
05. You are, therefore, directed to show cause before the undersigned on ___/ _____/ ___ at _______ A.M./P.M in his office at _________________________, why penalty under sub-section(1) of section 28 shall not be imposed for failure to be registered.
Place _________________
Date _____/ ______/ _____
________________CIRCLE
36.In the said rules, for Form VAT-201, the following Form shall be substituted, namely:-
FORM VAT-201
RETURN OF VALUE ADDED TAX PAYABLE BY A DEALER
[See sub-rule (1) of Rule 34]
PART - A
If revised Date of filing of Original Return ____/____/____
Acknowledgement No. ______________________
Attach a note explaining the reason for revising the return
02. Period covered by this return
In the boxes herein after provided do not leave any box blank unless you have marked "X" in box 04.
If you have nothing to enter in a box, insert "NIL"
(same as at serial No.55 of the previous return)
PART - B
Purchases and receipts during the period covered by this return
(Excluding capital goods & goods meant for sale by transfer of right to use)
"A"
"B"
(Excluding capital goods and goods meant for sale by transfer of right to use)
[Strike out which is not applicable] [box (4)(v) of Table-II of Annexure-V]
(Refer to Form VAT 608-A issued)
* In case there is purchase of capital goods from within the state please furnish information in Annexure-III
** In case, there is a transfer of right to use of any goods for any purpose, whether or not for a specified period, for cash, deferred payment or other valuable consideration, please furnish information in Annexure III-A
PART-C
Sales/despatch/purchase subject to levy of tax under section 12, during the period covered by this return (OUTPUT)
(Works Contractors to workout TTO in Annexure IV and show the break up TTO against Sl. 33 and 35 and total TTO at serial No.41.)
(excluding sale of goods on which tax payable on MRP)
N.B : If you have declared sale in Box 30(i)(A), 30(iv)(A) & 30(v)(A) you can claim refund of excess ITC related to export and such other sales as referred to above and carry forward the balance ITC.
PART - D
56. Details of Tax deposited
[56(i)(g)] [56(v)(g) 48, if 48<56(v)]
57. Information on use of invoices for the tax period
List showing sale of goods to registered dealers on tax invoice (attach separate sheet, if necessary)
(in Rs.)
(6)+(7)
List showing purchase of goods from registered dealers within the state on tax invoice (attach separate sheet, if necessary)
DECLARATION
I (name) ______________________ being (status) __________________________ of the above business do hereby declare that the information given in this return is true and correct to the best of my knowledge and belief.
Please note the following :
Period covered under the return
Date of receipt of the return
Amount of Tax paid along with return
Mode of payment
________________________________________
_________________________________________
Signature with designation of the receiving officer.
Seal
ANNEXURE-I
(In case of despatch of goods to outside the state otherwise than by way of sales, Branch transfer / Consignment sales)
01. Despatch value of stock transfer (as at Sl.31 of the return)
02. Tax-rate-wise breakup of inputs purchased on Tax Invoice and used in the transfer of
stock otherwise than by way of sales (Branch transfer or Consignment sales)
(4-5)
N.B:-
(1) Dealer to calculate purchase value of inputs as well as VAT paid basing on the corresponding inputs used in the stock transferred to outside the state.
(2) The creditable amount of input tax will be (12.5% - 4% = 8.5%) of the value of inputs purchased at 12.5% tax rate.
ANNEXURE-II
(In case sale of goods in course of inter-state trade & commerce results in CST payable less than the corresponding input tax on the corresponding purchase of goods, the input tax creditable for the tax period shall be reduced.)
[See sub-rule (3) of Rule 11]
Table-I
01. Particulars of interstate sale
02. Total CST payable as at column v(c) in the Table-I
03. Tax group wise proportionate purchase value of goods sold in course of interstate trade or commerce/goods purchased* which go into the composition of the goods manufactured for sale in course of interstate sale.
Table-II
Particulars of interstate purchase
04. Total Input Tax Credit at iv(c) in the Table-II
05. ITC to be reduced [04 - 02]
[This may be taken to Sl. No.21(ii) of Part-B]
* Manufacturer will calculate the proportionate inputs (goods) used in the manufacturing of goods sold in inter-state trade and calculate the purchase value of those inputs (goods) as well as the input tax.
ANNEXURE-II-A
(In case sale of goods in course of interstate trade & commerce results in CST payable less than the corresponding input tax on the corresponding purchase of goods, the input tax creditable for the tax period shall be reduced.)
[See clause (e) of sub-rule (3) of Rule 11]
[ To be furnished once only while filing the return for the tax period in which OVAT (Amendment) Rules 2008 comes into force ]
02. Particulars of inter-state sale
03. Total CST payable as at iv(c) in the Table-I
04. Tax group wise proportionate purchase* value goods sold in course of inter-state trade or commerce/goods purchased which go into the composition of the goods manufactured for sale in course of inter-state sale.
Particulars of inter-state purchase
N.B :
* in case of dealers who have already reduced ITC on account of CST payable less than the corresponding ITC, shall deduct the amount already reduced at column 07 and the balance if any at column 8 to be reduced in the present return.
Annexure-III
( For of claim of input tax credit on capital goods)
Particulars of purchase of capital goods
( in Rs)
Particulars of purchase of capital goods not eligible for input tax as per Schedule-D
* The unadjusted balance ITC as per the provisions existing before amendment of Rule 11 shall be adjusted in the tax period in which OVAT (Amendment) Rules 2009 comes into force.
ANNEXURE-III-A
(Calculation of creditable input tax on goods purchased for sale by way of transfer of right to use for the tax period for which the return is filed)
[see Rule-13]
01. Name and address of the Dealer (s) / Institution (s) to whom the right to use has been transferred and the material conditions of transfer.
02. Purchase price, of goods, the right to use of which is transferred and VAT paid thereon,
* The unadjusted balance ITC as per the provisions existing before amendment of sub rule (2) of Rule 11 shall be adjusted in the tax period in which OVAT (Amendment) Rules 2009 comes into force.
ANNEXURE-IV
Taxable turnover of Works Contractor
(See Rule 6)
* The total at 17(f) be taken to Sl. No.41 of Part-C of the return and the tax groupwise break up to be taken to the respective row of Sl. No. 33.
ANNEXURE-V
Adjustment to ITC and output tax arising from issue and receipt of credit notes and debit notes.
TABLE-I
01. Details of credit Note / Debit Note received
TABLE-II
02. Effects of credit note / debit note received on the ITC
Debit notes received
TABLE-III
03. Details of credit Note / Debit Note issued
TABLE-IV
04. Effects of credit note / debit note issued on output tax
Debit notes issued
* Input tax required to be increased or decreased as a result of receipt of credit note and debit note as worked out at box 4(v) or 6(v) in Table-II shall be taken to Part-B of the return for adjustment at Sl. No. 24 and / or 25 .
** Output tax required to be increased or decreased as a result of issue of credit note and debit note as worked out at column 4(v) or 6(v) in Table-IV shall be taken to Part-C of the return for adjustment at Sl. No. 43 and / or 44.
ANNEXURE-VI
Reduction of ITC where sale price is less than purchase price [Sub-rule (5) and (6) of Rule 14]
To be furnished by the dealers who sell goods at a price less than the purchase price.
01. Details of input tax and output tax
* Total of column 7(e) is equal to (4)(e) - (6)(e)
ANNEXURE-VI-A
Reduction of ITC where sale price is less than purchase price
* To be furnished once only in the return filed for the tax period in which OVAT (Amendment) Rules 2009 comes into force
* Attach separate sheet if necessary
02. Details of input tax and output tax
* Total of 7(v) = 4(v) - 6(v)
** Total of 9(v) = 7(v) - 8(v) [to be taken to Sl. No. 21(iii)]
Annexure-VII
(Reversal of ITC already availed in respect of purchase of goods for violation of purchase condition subsequently)
Conditions for reversal of ITC and amount to be reversed
* For furnishing information under column C, the dealer is to calculate the value of inputs of the corresponding items from the relevant tax invoice on which the goods were purchased.
** The total at 8(D) will be taken to Sl. No. 21(iv) of Part-B"
37. In the said rules, after Form VAT-201, the following Form shall be inserted, namely:-
FORM VAT-201A
ANNUAL RETURN OF VALUE ADDED TAX PAYABLE BY A DEALER
[See sub-rule (6A) of Rule 34]
(same as at serial No.55 of the return filed for M.E / Q.E on 31.3)
(Works Contractors to workout TTO in Annexure B and show the break up TTO against Sl. 33 and 35 and total TTO at serial No.41.)
ANNEXURE-B
(BD / TC / EC)
(Tax paid at check gate / collected by Authorities)
(Rs.)
month /
quarter
No.
BD - Bank Draft
TC - Treasury Challan
EC Challan generated after e-payment
MR - Money receipt
Annual Taxable turnover of Works Contractor
38. In the said rules, for Form VAT-204, the following Form shall be substituted, namely:-
FORM VAT-204
NOTICE TO UNREGISTRED DEALERS TO FILE RETURN (VAT / TURNOVER TAX)
[See sub-rule (1) of rule 36]
I have reason to believe on the basis of records available in this office that your turnover of sales or the turnover of purchases, as the case may be, is likely to exceed/ has exceeded the taxable limit by _____________________.
Now, you have a statutory obligation to get yourself registered under the Orissa Value Added Tax Act, 2004, and file return as provided in the said Act and rules made there-under.
You are, therefore, directed to file return in the form VAT-204-A enclosed
Please note that your returns should cover the following tax periods commencing from the date________________.
(i)__________________to ____________________
(ii) _________________to ____________________
(iii) _________________to ____________________
You must complete the return forms for the above mentioned tax period(s) or part thereof and submit the same to this office within fourteen days of the receipt of this notice.
If you consider that you have no obligation to file return, you should respond to this office in writing specifying therein the reasons for which you consider that you are not required to be registered and file return.
39. In the said rules, for Form VAT-205, the following Form shall be substituted, namely:-
FORM VAT-205
SHOW CAUSE NOTICE FOR FAILURE TO FILE RETURN AND MAKE PAYMENT OF
TAX, INTEREST DUE AS PER THE RETURN
[See clause (a) of sub-rule (1) of rule 39]
Indicate tick mark which ever is applicable
04. This office records reveal that you have failed to
(i) pay the amount of tax due relating to the return for the tax period __________to ___________, or revised return for the Tax period ____________to _________ :or
(ii) deposit the tax due in the return / revised for the tax period __________to ______ on or before the due date and the period of delay is ___ months and ___days: or
(iii) file the return for the tax period ____to ____ :or
(iv) file the return for the tax period ____to ____ within the due date i.e._______and the period of delay is ___days.
05. You are now directed to show cause as to why interest under Sub-section(1) and/or penalty as provided under Sub-section(2) and/or Sub-section(3) of Section 34 of the Orissa Value Added Tax Act, 2004 , shall not be levied on you for such default.
06. Your explanation must reach this office within fourteen days from the date of service of this notice, failing which interest and/or penalty as provided under the Act shall be imposed without any further reference to you.
Date _______________
40. In the said rules, for Form VAT-206, the following Form shall be substituted, namely:-
FORM VAT-206
ORDER IMPOSING PENALTY / INTEREST LEVIED FOR LATE FILING OF RETURN / DEFAULT IN PAYMENT OF TAX
[See clause (b) of sub-rule (1) of rule 39]
Despite issue and service of notice of show-cause notice issued vide letter no_______dt_________ in Form VAT-205, you have failed to submit any explanation / submitted explanation which is not satisfactory for the following reasons:
1.
Therefore interest / penalty is imposed as under.
04. (a) The tax due on the return for the tax period (s) from ________to ________ is Rs.___________ which was not paid / paid on date____________ against due date (s) of__________. You have failed to show cause / shown cause which is not found to be satisfactory for which interest is levied as provided under sub-section (1) of Section 34 of the Act as under:
(i) amount the tax due ___________
(ii) due date of payment __________
(iii) date of payment _____________
(iv) period of delay _________months ___________days
(v) interest @ 1% on Rs________ for ________months _______days is Rs__________ and;
(b) in addition to interest, penalty under sub-section(2) and/or under sub-section (3) of section 34 is levied as calculated under;
(i) amount of tax payable ________
(iii) actual date of payment________
(iv) period of delay________ months and _______ days
(v) amount of interest payable__________
(vi) total amount of tax and interest payable _________
(vii) penalty @2% on Rs__________ is Rs _________
(c) (i) due date of filing return _________
(ii) date of filing return / date of order
(iii) period of delay _______days
(iv) penalty @ Rs 100 per day for ______days
(v) subject to a maximum of Rs 10,000/- Rs______________
This amount of Rs.____________ (Rupees______________) towards interest and penalty shall be paid within thirty days from the date of receipt of this order and the proof of payment thereof produced before the undersigned within seven days of the date of payment.
41. In the said rules, for Form VAT-207 , the following Form shall be substituted, namely:-
FORM VAT-207
SHOW CAUSE NOTICE FOR FAILURE TO FILE RETURN BY AN UNREGISTERED
DEALER/ FURNISH PROOF OF PAYMENT OF TAX ADMITTED IN RETURN FURNISHED.
[See sub-rule(2) of Rule 36]
(Please strikeout whichever is not applicable)
03. Being an unregistered dealer, you were directed in Form VAT-204 to file return in Form VAT-204-A for the tax period (s) commencing from_______________ to __________________, which you have failed to furnish within the due date.
Having furnished the return in Form VAT-204-A for the tax period commencing from _________ to ________ on dt._________________ you have failed to furnish proof of payment of the tax as admitted in such return within the due date.
04. You are now directed to show cause why penalty as provided under sub section (3) of section 34 of the Orissa Value added Tax Act, 2004, shall not be imposed on you for such default.
05. Your explanation must reach this office within fourteen days of the receipt of the date of service of this notice, failing which, penalty as provided under the said Act, shall be imposed without any further reference to you.
Place _________
Date __________
42. In the said rules, for Form VAT-208 , the following Form shall be substituted, namely:-
FORM VAT-208
ORDER IMPOSING PENALTY UNDER SUB-SECTION (3) OF SECTION 34 IN CASE OF UNREGISTERED DEALER
[See sub-rule(3) of Rule 36]
(Please strikeout whichever is not applicable).
03. Despite issue and service of notice in VAT Form 207, the return for the tax period (s) commencing from _________________ to __________ due on ______________ was not received in this office until dt.______________.
The proof of payment of tax in full or part in accordance with return in respect of the tax period(s) commencing from _______ to ___________ was not produced until dt._______________, and you failed to adduce satisfactory cause / no cause for such failure to file return / producing proof of payment of the tax admitted to be payable in the return filed. Penalty is therefore levied under sub section (3) of section 34 of the Act as calculated hereunder.
04. Calculation of penalty
(i) Due date of filing return as per notice dt._______________
(ii) Date of assessment / date of filing return dt.______________
(iii) Period of delay _____________ days
(iv) (Strikeout whichever is not applicable)
Penalty due @ Rs. 100/- for each day of default determined at Rs. __________ (Rupees.__________________________________),
or
Penalty of Rs.10, 000/- (Rupees Ten Thousand)
Penalty of Rs.________________ is imposed under sub-section (3) of section 34 which shall be paid within thirty days from the date of receipt of this order and the proof of payment thereof produced before the undersigned within seven days of the date of payment.
43. In the said rules, for Form VAT-209 , the following Form shall be substituted, namely:-
FORM VAT - 209
NOTICE FOR LESS PAYMENT OF TAX
[Refer Sub-Rule (2) of rule 40)
04. You are found to have filed the return for the tax period from __________ to __________ on dt.____________.
05. Scrutiny of the return for the aforesaid tax period reveals the following :-
(a) You have admitted net tax payable of Rs._______________ (Rupees__________________________)
(b) As against the above, you have paid Rs.___________ (Rupees__________________________)
(c) The balance amount of Rs._______________ (Rupees__________________________) has not been paid.
06. You are therefore, directed to pay the balance amount of Rs.______________ (Rupees_______________________) as in col.5 (c), by dt.______________and furnish proof of payment thereof.
Place _______________
Date ____/ ____/ ______
44. In the said rules, for Form VAT-301 , the following Form shall be substituted, namely:-
FORM VAT-301
NOTICE FOR AUDIT VISIT
[See sub-rule (2) of rule 44]
Please take note that the officers from the Audit Unit of ______________ Circle/Range will visit your place of business/godown to conduct tax audit on dt.___________at ______A.M./P.M. You are, therefore, instructed to keep all your books of account including registers and records relating or incidental to your business and produce the same to the audit team, as and when required.
You are further instructed to render all assistance to the audit team, as may be required for conduct of audit including allowing them to inspect your additional place(s) of business, branch or godown, take physical stock of goods at hand and allowing access to the electronic records maintained in respect of the business, if any.
45. In the said rules, for Form VAT-302 , the following Form shall be substituted, namely:-
FORM VAT-302
NOTICE FOR PRODUCTION OF DOCUMENTS
[See sub-rule (2) of rule 45]
04. You were visited on __________________ following a notice dated _____________.
On that visit, you failed to produce the following records and documents.
(i) ___________________________
(ii) ___________________________
(iii) ___________________________
(iv) ___________________________
You are now required to produce these documents at this office, address as above, on_____________
You are reminded that as per the provisions of sub-section (13) of Section 73 of Orissa Value Added Tax Act, 2004, any person who fails to produce books of account and documents as required by audit or prevents in any manner in the conduct of audit is liable to be imposed with a penalty upto Rs.25,000/-.
46. In the said rules, for Form VAT-303 , the following Form shall be substituted, namely:-
FORM VAT-303
AUDIT VISIT REPORT
[Refer sub-rule (3) of rule 45]
(ii)
(iii)
(iv)
(v)
(i) VAT registration certificate
(ii) VAT return files and corresponding records
(iii) VAT payment record
(ii) Revenue compliance
(iii) Complexity of accounts
(iv) Sensitive commodities being dealt in.
Designation
47. In the said rules, for Form VAT-306 , the following Form shall be substituted, namely:-
FORM VAT-306
NOTICE FOR ASSESSMENT OF TAX AS A RESULT OF AUDIT
[Refer sub rule (1) of rule 49]
04. Tax audit of your business was under taken by the officers of the Audit unit of this office on ----------- or during the period commencing from ----------- to -------------Examination of the records, documents, stock in trade and other relevant information pertaining to your business for tax period(s) from ---------- ----- to -------------- reveals that you have not declared the correct amount of tax due for the aforesaid period in the returns filed.
05. A copy of the Audit visit report is enclosed herewith for your reference.
06. You are, therefore required to appear in person or through your authorized agent at my office on -------- -------- at --------------- A.M/P.M and produce or cause to be produced the accounts and documents relating to or incidental to your business as specified below for the period mentioned above in order to enable me to satisfy whether the return filed by you for the said period is correct and complete.
07. In the event of your failure to comply with all the terms of this notice, I shall proceed to assess you under Section 42 of the Orissa Value Added Tax Act, 2004 to the best of my judgment.
(Mark "TICK" whichever applicable)
(a) Books of account maintained under the provisions of Orissa Value added Tax Act, 2004 ;
(b) Records and documents required to be maintained under the said Act and rules made thereunder claiming exemption/concession of input tax, output tax and input tax credit;
(c) Documents and evidence in support of the returns filed for tax periods under reference;
(d) Accounts and documents relating to the financial transactions of the business including Bank Pass Book or Bank Statement;
(e) Such other documents as may be specifically required for the assessment (to be specified)
(i)
Place: _____________
Date: _____/_____/______
48. In the said rules, for Form VAT-309 , the following Form shall be substituted, namely:-
FORM VAT-309
NOTICE CALLING FOR RETURN FROM A CASUAL DEALER
[Refer sub rule (1) of rule 52]
02. Name and address of the dealer:
It appears to me that you, being a casual dealer, are liable to pay tax under the Orissa Value Added Tax Act, 2004. You are hereby required to furnish a return in Form VAT 311 A Enclosed for the period from ----------------- to --------------------, immediately on receipt of this notice.
In the event of your failure to comply with the terms of this notice, I shall proceed to assess you provisionally under rule 52 of the Orissa Value Added Tax Rules, 2005.
Place: __________
Date: ___________
49. In the said rules, for Form VAT-312 , the following Form shall be substituted, namely:-
FORM VAT-312
ORDER OF ASSESSMENT
[Refer rule 53]
(1) Period of assessment of tax period(s) :
Assessment order
50. In the said rules, for Form VAT-314 , the following Form shall be substituted, namely:-
FORM VAT-314
NOTICE OF DEMAND IMPOSING PENALTY FOR FAILURE TO MAKE
PAYMENT OF THE UNPAID AMOUNT OF TAX, INTEREST, PENALTY
[Refer sub-rule (2) of rule 54]
04. You were served with a notice for payment of tax due on assessment, penalty levied, and / or interest charged, issued in this office letter No. _________ dt. ___________. The said notice was served on you on. ____________.
05. This office records indicate that you have failed to make payment of the sum of Rs. __________ (Rupees ____________________) covered under the aforesaid notice within the due date.
06. Thus, there has been a delay of _________ months in making a payment and, therefore, a penalty @2% of the unpaid amount of Rs. __________ is now imposed under sub-section (5) of Section 50 of the Act.
07. The penalty now imposed amounts to Rs. __________ (Rupees __________________), which you are required to pay within thirty days, from the date of receipt of the notice by you and, produce of payment thereof within seven days, from the date of payment.
08. In addition to the penalty payable as above you are also required to pay the amount of outstanding tax and/or interest and penalty amounting to Rupees ................ Immediately.
Place____________
Date_____________
Assessing Authority
51. In the said rules, for Form VAT-315 , the following Form shall be substituted, namely:-
FORM VAT-315
REVISED NOTICE OF DEMAND
[Refer sub-rule (4) of rule 54]
(Score out whichever is not applicable.)
04. You were assessed to a sum of Rs. ____________ (Rupees ________________) with/without levy of penalty of Rs._______________(Rupees ________________) under Section _________ of the Orissa Value Added Tax Act, 2004.
05. A penalty of Rs. _____________ (Rupees _____________________) was levied on you under Section _________ of the Orissa Value Added Tax Act, 2004 for______________________________________
__________________________________________________________________________________
You were charged with interest amounting to Rs. ___________(Rupees ______________________) under Section ____________ of the Orissa Value Added Tax Act, 2004 for ______________________________ for the tax period(s) from _________________ to ________________vide Order dated_______________.
06. You had preferred appeal/revision against the order of assessment/penalty/interest before the Additional/Joint /Deputy/Assistant Commissioner of Sales Tax, ______________; and The order on appeal/revision has been passed on _______________ and as per this order the tax/interest/penalty levied stands reduced/enhanced to Rs.____________ (Rupees ______________________). or confirmed at Rs. _________________ (Rupees _________________________________).
07. Hence, you are now required to pay the sum of Rs. __________ (Rupees_______________________) towards tax/penalty/interest within 14 days from the date of receipt of this notice and produce proof of payment thereof within 7 days from the date of such payment.
Dated the _____________
52. In the said rules, for Form VAT-316 , the following Form shall be substituted, namely:-
FORM VAT-316
DEMAND FOR PAYMENT OF TAX FROM THIRD PARTY
[Refer rule 55]
To
________________________(Name)
__________________________(Address)
The afore-mentioned dealer is in arrear of sales tax dues amounting to Rs.__________________ (Rupees______________________________________________) outstanding for realization. In accordance with the provisions of Section 51 of the Orissa Value Added Tax Act, 2004, I am required to ask you to pay the said amount to the Government Treasury through challan enclosed or through e-payment / crossed demand draft made in favour of the Deputy / Assistant Commissioner of Sales Tax/Sales Tax Officer, _________________ Circle, _______________from the account of the said dealer/the amount you are due to pay to the said dealer or which may become due for payment to the dealer.
This amount should be paid to this office without delay.
ASSESSING AUTHORITY
Copy to the dealer, M/s _______ at _______________________________________ for favour of information.
53. In the said rules, for Form VAT-318 , the following Form shall be substituted, namely:-
FORM VAT-318
REFUND ADJUSTMENT ORDER
(See sub-rule (3) of rule 64)
Part - 'A'
The Treasury / Special Treasury /Sub-Treasury Officer,
____________________________________________
issued.
words (03-05)
(Rupees__________________________)
07. Please debit the amount of Rs __________ (Rupees__________________________) To Head of account "040-Sales Tax (b) Receipts under the Orissa Value Added Tax (c) Deduct Refund the sum of Rs.___________________ " and credit the amount to the Head of account "040- Sales Tax (b) receipts under Orissa Value Added Tax Act (A) Tax Collection."
08 A challan duly filled in is enclosed.
Date ___________________
Issuing Office
Copy to M/s _______________________ at ___________________ for information.
_________________________________________________________________________
Part- 'B'
(To be returned to the Joint/ Deputy /Assistant Commissioner of Sales Tax / Sales Tax Officer)
_______________________ Sub Treasury /Special Treasury / Treasury
The Joint / Deputy / Assistant Commissioner of Sales Tax / Sales Tax Officer, _________________________ Range / Circle
Ref.: Refund Adjustment Vr. No _____________ / Book No _____________ Dated the _____________
Sir,
Adjustment of refund of Rs _______________ (Rupees ______________________________________)
Payable to M/s ___________________________________ is allowed on ________________________.
Date __________________
__________________
54. In the said rules, for Form VAT-323 , the following Form shall be substituted, namely:-
FORM VAT-323
APPLICATION FOR REFUND TO FOREIGN DIPLOMATIC MISSIONS / CONSULATES, UNITED NATIONS ORGANISATIONS AND OTHER INTERNATIONAL BODIES
[Refers clause (a) of sub-rule (4) of rule 65]
O2. Name of the organization
03. Address
04. Period to which the claim relates
05. Amount of claim of refund
06. Details of purchases on which refund claimed
Dated the ___________________
Note : Please enclose copy of the letter of authorisation.
55. In the said rules, for Form VAT-401 , the following Form shall be substituted, namely:-
FORM VAT - 401
NOTICE FOR PRODUCTION OF ACCOUNTS ETC.
[Refer sub-rule (1) of rule 75]
04. You are directed to produce or cause to be produced the following accounts, documents and registers for the tax period(s) from __________ to ____________
to furnish the following information relating to the tax period(s) from ______ to _______
to allow access to the electronic record maintained;
(a) before the Joint Commissioner / Deputy Commissioner/Assistant Commissioner of Sales Tax/Sales Tax Officer at at _________ A. M./P.M. on __________________ ; or
(b) before him on _____________, when the Joint / Deputy Assistant Commissioner of Sales Tax/Sales Tax Officer will visit the place of business; or
(c) to the Joint/ Deputy Assistant Commissioner of Sales Tax/Sales Tax Officer on _____________at _____________, where you are keeping the electronic records.
56. In the said rules, for Form VAT-402 , the following Form shall be substituted, namely:-
[See sub-rule (3) of rule 79]
IN TRIPLICATE
2. Consigner of goods
7. Consignee of goods
8. Consigner despatching goods for [(Tick) Mark in the appropriate box]
Works contract
9. Invoice / Challan Detail
(With seal & Signature)
13. Signature of the Dealer of Orissa to whom Way bill issued
57. In the said rules, for Form VAT-404 , the following Form shall be substituted, namely:-
FORM VAT-404
INDEMNITY BOND FOR LOSS OF WAY BILL.
[Refer sub-rule (7) of rule 80]
..............................residing at ------------------------------------------- P.O. .................................... P.S........................... Dist ............................................................, Proprietor/Partner/ (Managing) Director/Manager/Principal Officer/ Authorised officer of the Business known as ..............................situated at ......................................... and possessing a Tax-payers's Identification number bearing TIN ............................... in the State of Orissa under the Orissa Value Added Tax Act, 2004 , do hereby declare that the way bill form bearing no........... issued to me/us by the Sales Tax Officer / Assistant / Deputy / Joint Commissioner of Sales Tax, .............................. Circle/Range, on ..............................is lost / destroyed / stolen,
(i) from my custody, before being filled in and signed by me; or
(ii) from my custody, after being filled in and signed by me, before despatch to the selling dealer/consignee, namely ...............................
(iii) in transit, after being duly filled in and signed by me and despatched to the selling dealer/consignee, namely....................................
And I, the aforesaid Sri ........................ do hereby undertake to hold harmless and to indemnify the Government against any loss arising out of the aforesaid loss of way bill form.
And I bind myself, my heirs, executors, administrators and assignees and each one of the other person having any share, title or interest in the aforesaid business and his heirs, executors, administrators and assignee jointly and severally for holding harmless and indemnifying the Government for any such loss as aforesaid.
Date _____________
Designation with relation to the business
58. In the said rules, for Form VAT-407 , the following Form shall be substituted, namely:-
FORM VAT-407
NOTICE LEVYING TAX AND IMPOSING PENALTY
[Refer sub-rule (5) of rule 83]
03. The vehicle bearing registration number ____________, while transiting through the State, was intercepted by the Sales Tax Officer at .............................. or by the Assistant Sales Tax Officer / Sales Tax Officer / Assistant / Deputy Commissioner of Sales Tax of ___________ Circle / checkgate at ________ A.M./P.M. on __________
04. On such interception, the owner or person in charge of the goods or the driver of the vehicle failed, without reasonable cause, to produce or deliver the transit pass, as the case may be, obtained from the entry checkgate.
05. In the circumstances, there is reason to believe that the goods carried in the said vehicle, in contravention of the provisions of sub-section (10) of Section 75 of the Act.
06. You are now directed to show cause on or before ___________, why penalty as provided under subsection (11) of section 75 of the Act amounting Rs ____________ (Rupees ____________________________) shall not be imposed.
Place _____________
Date ______________
59. In the said rules, for Form VAT-407-A , the following Form shall be substituted, namely:-
FORM VAT-407A
LEVY OF PENALTY AND ASSESSMENT OF TAX UNDER SUB-SECTION 11 OF SECTION 74
03. The vehicle bearing registration number ____________, while transiting through the State, was intercepted by the Assistant Sales Tax Officer / Sales Tax Officer / Assistant /Deputy Commissioner of Sales Tax of ___________ Circle / checkgate at ________ A.M./P.M. on __________ dt. ____________
04. On such interception, the owner or person in charge of the goods or the driver of the vehicle failed, without reasonable cause, to produce transit pass obtained from the entry checkgate.
Or,
to deliver the transit pass issued by the entry gate on dt._________ for the goods carried on that date.
05. In the circumstances, there is reason to believe that the goods carried in the said vehicle, in contravention of the provisions of sub-section (10) of Section 74 of the Act; were sold inside the state by the owner or person in charge of the vehicle.(state other reasons, if any),
1)
2)
3)
For such contravention of the provisions of sub-section 10 of section 74, the owner or person in charge of the goods vehicle is exigible to levy of penalty in addition to tax assessable as per provisions laid down in clause (c) of sub-section 11 of section 74.
Therefore, you are now directed to pay on or before .................. / forthwith tax amounting to Rs........... , and penalty amounting to Rs........... (total amount to Rs ............. failing which the goods / goods vehicle shall be seized and confiscated or the vehicles shall be detained till such amount is paid.
60. In the said rules, for Form VAT-501 , the following Form shall be substituted, namely:-
FORM VAT - 501
FORM OF APPEAL AGAINST ORDER OF ASSESSMENT UNDER SECTION 40,43 OR ASSESSMENT WITH PENALTY UNDER SECTION 42,43,44 OR LEVY OF PENALTY UNDER SECTION 52 OF THE ORISSA VALUE ADDED TAX ACT, 2004.
The petitioner, Sri/Smt._________________(status)______________________ of the business known as M/s. ______________________bearing TIN/SRIN ___________________, whose principal place of business under the jurisdiction of Sales Tax Officer / Assistant Commissioner / Deputy Commissioner / Joint Commissioner of Sales Tax _________________Circle / LTU is situated at ________________, P.O. ______________ Dist _________________ sheweth as follows:-
04. Under the Orissa Value Added Tax Act, 2004 , your petitioner's gross turnover and taxable turnover for the tax period(s) from _______________to ______________________have been determined at Rs.________________and Rs.____________________respectively
05. Under Sections 42,43,44 and 52 of the Act, a penalty of Rs._____________ has also been imposed on your petitioner.
06. The order of the Sales Tax Officer/ Assistant Commissioner / Deputy Commissioner / Joint Commissioner of Sales Tax, attached hereto, was received by the petitioner on _____________________.
07. During the tax period(s) from ____________________to _____________________, your petitioner's gross turnover and taxable turnover under different rates of tax as per the statement attached hereto amounted to Rs.______________and Rs.__________________ respectively.
08. During the said period, your petitioner had no other turnover of Sales and / or purchases, either taxable or exempt from tax.
09. Your petitioner's failure to apply for registration under the Act was not without sufficient causes.
10. Your petitioner, therefore, prays that he may be assessed according to the figures of turnover given under Para 07 above.
11. In the circumstances, it is submitted that your petitioner may be declared to be not liable to pay tax under the Act and the order of assessment and penalty annulled; or
that the assessment and penalty may be set aside and the Assessing Authority directed to pass a fresh order after such inquiry, as may be directed.
12. FORM OF VERIFICATION
I, Sri ___________________________________ , the petitioner named in the above petition, do declare that what is stated in this petition is true to the best of my information and belief, that a sum of Rs. _____________(Rupees _________________________________) being that tax admitted to be due and that Rs. ___________ ( in words) __________________________ being twenty percent of the amount in dispute as due, from me have been paid by Treasury Challan/Crossed Demand Draft as per detail given below:
Date ____/_____/_______
(Designation _______________ with seal)
61. In the said rules, for Form VAT-502 , the following Form shall be substituted, namely:-
FORM VAT-502
FORM OF MEMORANDUM OF APPEAL TO THE TRIBUNAL
[Refer sub-rule (1)(a) of rule 93]
Appellant(s)
(Name and full address)
Versus
Respondent(s)
(Full address)
12. GROUNDS OF APPEAL
13.
VERIFICATION
I_______________________________ son of __________________________________ (status) _______________________ of the business known as M/s. ______________________ at (address) _____________________, the appellant(s), do hereby declare that what is stated in the memorandum is true to the best of my knowledge and belief.
Date____________________
I _________________________ (designation) _____________________________ on behalf of the State Government do hereby declare that what is stated in this memorandum is true to the best of my knowledge and belief based on official records.
Date___________________
62. In the said rules, after Form VAT-507, the following Form shall be inserted, namely:-
FORM VAT-507 A
NOTICE ON ADMISSION OF APPLICATION SEEKING ADVANCE RULING
[Refer sub-rule(5) of rule 117-A]
Before the Sales Tax Tribunal, Orissa
Application No.________________ of ______________
The above named Applicant
(Full address along with TIN / SRIN, if any)
Please take notice that the above application has been listed for hearing by the Tribunal on ______________ at _____________ A.M / P.M. at _________________ (Place) to decide whether the application seeking Advance Ruling should be admitted or not, and that you should attend the Tribunal on that day personally or through your duly authorized agent. On your failure to do so, the application will be summarily rejected.
63. In the said rules, after Form VAT-509, the following Forms shall be inserted, namely:-
FORM VAT-509 A
NOTICE OF HEARING
[Refer sub rule (6) of rule 117-A]
The above named Applicant / Respondent
The above named application seeking Advance Ruling filed and registered by the Tribunal in case No.____________ of ____________ stands posted for hearing on ___________ at _____________ A.M./P.M. at the Office of the Tribunal at ______________.
Please take notice that if you do not appear on the above date or any other date to which the hearing may be adjourned either in person or by authorized agent with the relevant records, documents, etc. on which you rely in suppot of your contention, the application will be disposed of exparte, on merits.
Given under my hand and the seal of the Tribunal.
FORM VAT-509 - B
Representation / Application No.________________ of ______________
The above application / representation seeking modification of the Advance Ruling issued by the Tribunal in case No.____________ of ____________ stands posted for hearing on ___________ at _____________ A.M./P.M. at the Office of the Tribunal at ______________.
64. In the said rules, for Form VAT-602 , the following Form shall be substituted, namely:-
FORM VAT-602
NOTICE FOR PAYMENT OF TAX BY COMPOSITION
[Refer sub-rule (6) of rule 8]
04. Please refer to your application dated ____/_____/_________ for payment of tax by composition in lieu of VAT, which has been received in this Office on _____/______/__________.
05. After careful examination of your application, you have been granted permission for payment of tax by way of composition with effect from ____/_____/_______.
06. You are now instructed to intimate the name and address of the deducting authorities in respect of the works, you are executing in the form enclosed, within Seven days from the date of receipt of this notice.
07. You are also instructed to surrender your certificate of registration along with TIN assigned, to this office forthwith so that steps will be taken to cancel the same and issue a fresh certificate of registration and assign a SRIN in your favour.
Place_________________________
Date ________________________
65. In the said rules, for Form VAT-603 , the following Form shall be substituted, namely:-
FORM VAT-603
NOTICE TO THE DEDUCTING AUTHORITY FOR DEDUCTION OF TAX AT
SOURCE IN RESPECT WORKS-CONTRACTORS EXERCISING OPTION FOR
PAYMENT OF TAX BY WAY OF COMPOSITION IN LIEU OF VAT
[Refers sub-rule (8) of rule 8]
03. Please note that ________________________, proprietor/ partner/director/Principal Officer of M/s. _________________________________________at ______________ P.O. ____________bearing SRIN
has exercised option for payment of tax by way of composition.
04. The composition money payable is determined at four percentum of sixty percent of the gross value of work, which is being executed by him/them received or receivable, in terms of sub-rule(4) of rule 8 and this composition money is required to be deducted at source under sub-rule (6) of the said rule.
05. You are, therefore, requested to deduct such composition money from the bills/invoice preferred against the execution of the following work in respect of which, you are the deducting authority, at source.
06. The amount of composition money deducted may be credited to Government Treasury or paid by crossed demand draft in favour of the Sales Tax Officer, _____________ Circle, drawn on any scheduled bank send along with the certificate of tax deducted at source, in the prescribed form, to the concerned Sales Tax Officer/Assistant Commissioner of Sales Tax..
07. Please note that these instructions shall be complied with immediate effect
Copy to the dealer M/s. _________________________ at ________________________ P.O. ________________ Dist __________________ for information.
66. In the said rules, for Form VAT-605 , the following Form shall be substituted, namely:-
FORM VAT-605
CERTIFICATE FOR DEDUCTION OF TAX AT SOURCE
[Refer rule 59]
dt.________ Gross value at work Rs.__________________
Rs___________________
Rs______________________
(Please strike out, whichever is not applicable)
Certified that an amount of Rs.________________(Rupees ___________________________) has
been deducted from the bill/invoice of the works-contractor mentioned above in respect of
part/full execution of the works contract and has been deposited into the government Treasury or
paid through crossed Demand Draft.
(Deducting Authority)
01. The deducting authority making the deduction shall send a copy of the certificate alongwith a copy of the Treasury challan /e-challan / the crossed Demand Draft to the concerned Sales Tax Officer / Assistant / Deputy Commissioner of Sales Tax.
02. The deducting authority making deduction shall send a copy of the certificate to the works contractor, from whose bill / invoice, the deduction has been made.
67. In the said rules, for Form VAT-608 , the following Form shall be substituted, namely:-
FORM VAT-608
INTIMATION OF SALES TAX CREDIT ADMITTED
[Refer sub-rule (3) of rule 123]
________________________________
_________________________________
Address :
04. Receipt of your claim towards credit of sales tax paid on goods in stock as on _______________ preferred in Form VAT ____________ dated _________________ is acknowledged.
05. I am to advice you that you are authorized to claim a credit of Rs.___________. This sum should be claimed at Box______________VAT return due to be filed not later than________________.
Sales Tax Officer
_______________Circle
68. In the said rules, after Form VAT-608, Form VAT 608-A shall be inserted, namely,
FORM VAT-608-A
[Refer sub-rule (4) of rule 11]
04. Receipt of your claim towards credit of sales tax paid on goods in stock as on _______________ preferred in Form VAT ____________ dated_________________ is acknowledged.
Note:- Furnish in duplicate
69. In the said rules, after Form VAT-611, the following form shall be inserted, namely:-
FORM VAT-611A
APPLICATION FOR ISSUE OF CLEARANCE CERTIFICATE TO A PERSON / DEALER
NOT REGISTERED UNDER THE ORISSA VALUE ADDED TAX ACT
[ Refer sub-rule (1)(b) of rule 129]
I ________________________ son/daughter/wife of _______________________
(status)__________ of M/s. _____________________ at ______________________
do hereby declare that the information furnished above are true and correct to the best
of my knowledge and belief.
70. In the said rules, for Form VAT-612, the following Form shall be substituted, namely:-
FORM VAT-612
CLEARANCE CERTIFICATE
[See sub-rule (2) of rule 129]
This is to certify that Sri/Smt._______________son/daughter/wife of _________________ (status)__________________ of M/s.________________ bearing TIN/SRIN__________________
(i) is in arrear of tax/interest/penalty amounting to Rs._____________ (Rupees ___________________________ ) for the period from______________ to ________________ which is covered under stay;
(ii) is not in arrear of tax/interest/penalty and has filed return up to the tax period ending on __________.
This certificate is valid till the 31st March,______________.
71. In the said rules, for Form VAT-612, the Form VAT-612A shall be inserted, namely:-
FORM VAT-612 -A
[Refer sub-rule (2)(b) of rule 129]
This is to certify that Sri/Smt._______________son/daughter/wife of _________________ (status)__________________ of M/s.________________ is not in arrear of any tax / interest / penalty / has no liability to pay tax under the Orissa Value Added Tax Act, 2005.
____________ Circle
72. In the said rules, for Form VAT-613, the following Form shall be substituted, namely:-
FORM VAT -613
NOTICE INTIMATING THE PREVAILING MARKET PRICE
[Refers sub-rule (1) of rule 130]
04. I have reason to believe that the following goods being carried in vehicle bearing registration number ___________________ / in stock for sale, the value of which as stated by you mentioned in the purchase bill/invoice produced, and as indicated below
are found to be grossly under valued.
05. The prevailing market price of such goods is as follows:-
06. The quantity, prevailing market price, rate of tax applicable and tax payable at such prevailing market price of the goods referred to above are as follows:-
07. You are, therefore directed to pay tax amounting to Rs.____________(Rupees____________) on the above mentioned goods at the prevailing market price as indicated at serial 05, within seven days from the date of receipt of the notice, failing which, proceeding will be initiated for purchased of the said goods under sub-section (3) of Section 101 of the Orissa Value Added Tax Act, 2004.
Place________________________
Date_______________________
Circle / Check gate___________
73. In the said rules, for Form VAT-614, the following Form shall be substituted, namely:-
FORM VAT-614
NOTICE FOR PURCHASE OF GOODS
[Refers sub-rule (3) of rule 130]
04. Please take notice that you were directed to pay an amount of Rs. _______________________
(Rupees ___________________________) towards tax on the following goods for quantity, prevailing market value, rate of tax and tax payable mentioned against each vide this office order communicated in letter No. __________________dt. _____________.
05. Despite due service of the notice referred to above, you have failed to make payment of the tax assessed at the prevailing market price of such goods or produce evidence that the prevailing market Price fixed for such goods is not correct within the date specified in the said notice.
06. It is now ordered that the goods as mentioned above shall be purchased by the department in accordance with the provision of sub -section (3) of Section 101 of the Orissa Value Added Tax Act, 2004.
07. You are directed to hand over the said goods to the undersigned within 24 hours of the service of this notice.
08. If you are aggrieved with this order, you may file application for revision of the said order, within 30 days from the date of its receipt by you.
Place_____________________________
Date ______________________________
74. In the said rules, after Form VAT-615, the following Form VAT-616 shall be inserted, namely:-
FORM VAT-616
CERTIFICATE TO BE ISSUED BY THE PROPRIETOR / AUTHORIZED OFFICER
OF THE UNIT LOCATED IN AN SEZ / STP / EHTP OR AN EOU TO THE SELLING
DEALER ON PURCHASE OF GOODS
(See Rule 6(c) and (d))
I, Sri .............................................. Designation / status ........................ of M/s .................................................. (Name of the unit) do hereby certify that our unit is located in ............................ SEZ / STP / EHTP (Name of the SEZ / STP / EHTP) or is an EOU (strike out whichever is not applicable) bearing certificate No. ............................ dt.................. issued by ........................ and is valid till dt................. .
I, further certify that the goods purchased from M/s ........................................................ TIN ....................
as per the details furnished in the Schedule below are for use as capital goods in terms of clause (8) of Section 2 of the Orissa Value Added Tax Act or for use in the manufacturing of goods by us.
SCHEDULE
By order of Governor
S.Rout
Under Secretary to Government