In exercise of the powers conferred by sub-rule (2) of Rule 17A of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as "Principal Rules") the Commissioner of Sales Tax, Maharashtra State hereby amends the Notification No.VAT/AMD-1009/IB/Adm-6 Dated 26th August, namely:-
1. This form is to be used in respect of all accounting periods starting on or after 1st April 2008.
2. This Audit Report is to be submitted by all the dealers to whom the provisions of Section 61 of the MVAT Act, 2002 apply. Non-filing of Audit Report within prescribed time is an offence.
3. only those documents which are required under the Audit report should be enclosed with this report.
4. This report is divided in three parts, which are as under:-
Relevant Schedules applicable, as per type of return
5. Instructions for filling information in the return(s) remain applicable for respective items of the schedules. If, while filing returns, these instructions have not been followed, it should be ensured that they are followed while preparing the audit report. In other words use schedule as is applicable.
6. Fill the applicable portion of Part 1A, Part 1B and Part 1C. If Part 1A is filled then Part 1B and 1C should not be opted. In case Part 1B is opted then Part 1A and Part 1C should not be opted. In case Part 1C is opted then Part 1A and Part 1B should not be opted. If this instruction is not followed then the error message appears as "Please Check and Enter Box Nos. 1(A), 1(B), 1(C)".
7. Negative certification, if any is to be incorporated with reasons, at Sr. No. a to p. in Para-3 of Part-1 and should correspond to the relevant certificate. Further, the auditor's remarks are to be included at Para 5 of Part-1 and qualifications having the impact on the tax liability in brief. Wherever applicable.
8. Tax liability under the MVAT Act, 2002 and CST Act, 1956 should be computed respectively, in Table 2 and Table 3 of Part 1.
9. The Table 4 of Part-1 is for showing amount of Cumulative Quantum of Benefits (CQB) availed. This amount includes amount of CQB on account of refund claimed under rule 79(2) and under the Luxury Tax Act as per Box 10E, 11E and 12E of Schedule IV, respectively.
10. Where dealer is required to maintain the records about the sales, purchases, Imports and Exports under Central Excise Act, 194, the Customs Act, 1962 or under the State Excise Act, 1949 in such cases the Auditor should invariably correlate the details of sales, purchases, Imports and Exports disclosed under the said Acts and disclosed under MVAT Act, 2002 Any material difference noticed should be reported at Para 5 of Part-1 accordingly.
11. The Activity Codes are generally used to classify the commodities on the lines of the economic activities. It is published by International Standard Industries Classification. The same activity codes are adopted by the National Industrial Classification. These Activity codes are to be used to fill up the information in Part-2 of Table-3. These Activity Codes are available at the Departments Wet-site i.e. Www.mahavat.gov.in
12. The difference between amount as per returns and amount as per Audit gets calculated in respective Schedules which are filled by the dealer.
13. In Annexure-A details of amount of tax paid as per returns / chalan under MVAT Act and interest paid u/s 30(2) are to be filled. The details of Refund Adjustment Order issued and amount adjusted against the tax payable for the period under Audit are also to be filled in this annexure.
14. In Annexure-B details of amount of tax paid as per returns / chalan and interest paid under Section 9(2A) of CST Act are to be filled. The details of Refund Adjustment Order issued and amount adjusted against the tax payable for the period under Audit are also to be filled in this annexure.
15. In Annexure-C details of TDS certificate received by the dealer are to be filled.
16. In Annexure-D details of TDS certificate issued by the dealer are to be filled.
17. In Annexure-E details of purchases on which the set-off is claimed by the dealer are to be filled. The details regarding set-off on capital assets, non-admissibility of set-off under Rule 54, reduction of set-off under Rule 53 etc. are to be filled in this annexure.
18. In Annexure-F Various financial ratios for the period under audit and other information are to be filled. If a dealer has multi state activities, then the ratios related to gross and net profit may be given for entire business of entity and other ratios should be given for the state activities.
19. In Annexure-G details about Declarations or certificates received under the CST Act, 1956 is to be filled. TIN of the Customer should be filled in applicable cases.
20. In Annexure-H details about wanting certificate in Form-H in respect of local sales to be filled. TIN of the Customer should be filled in applicable cases.
21. In Annexure-I details about wanting declarations under the C.S.T. Act, 1956 is to be filled. TIN of the Customer should be filled in applicable cases.
22. The tax liability as per Annexure-H and Annexure-I, if any, gets reflected in figure as per Audit in row (xiv) of table No.2 and row (xi) of table No.3 of para 4 of part 1.
23. In Annexure-J dealer-wise information of sales and purchases for the period under Audit is to be filed, It consist of Six Sections.
a) Section 1 is for filling the information of Customer wise sales.
b) Section 2 is for filling the information of Supplier wise purchases.
c) Section 3 is for filling the information of Customer wise Debit Notes and Credit Notes.
d) Section 4 is for filling the information of Supplier wise Debit Notes and Credit Notes.
e) In Section 3 and Section 4 figures with minus sign should be used in case of Credit notes and Debit Notes.
f) Section 5 is for filling the information of Customer wise transactions of direct exports and High seas sales under the CST Act, 1956
g) Section 6 is for filling the information about the purchases effected from outside the Maharashtra State (OMS). The information is so filled should be dealer wise and transaction type i.e. against Form-C, agaisnt E-I or E-II.
24. In Annexure-K determination of Gross Turnover of Sales and Purchases along with reconciliation with Profit and Loss Account, Trial Balance/ Sales and Purchase register.
25. A sheet is provided in the beginning by the name "Letter of Submission". It is provided for dealer's statement regarding submission of the Form- 704 and acceptance of Auditor's recommendations. It is to be submitted to the concerned authority along with the Acknowledgment of Audit Report in Form-704.
26. In case of Annexures, after pressing the button for validation only one error appears at a time. After correcting the same next error will appear. Errors in Annexure can be avoided if the rows in which information is to be filled are filled correctly and completely.
27. If the dealer has multi-state activities then Trial Balance in relation to the business Activities in Maharashtra should be attached.
28. Wherever prescribed documents are not made available to the auditor or same are insufficient and incomplete then the tax liability is to be computed as per the provisions of law.
29. An Acknowledgment will be generated in case of successful uploading of this Audit Report. It will show the Transaction Id and Date of uploading along with some other fields. The dealer is required to submit a print out of this Acknowledgment to the Deputy Commissioner, Desk Audit Cell, 5th Floor, New Building, Vikrikar Bhavan, Mazgaon in case of Mumbai and in case of Places other than Mumbai to the Office of the Joint Commissioner of Sales Tax, VAT (ADM).
30. Unless the dealer submits signed Acknowledgment along with required attachments, on or before 10 February 2011, the audit Report even if electronically uploaded on or before 31 January 2011, shall not be deemed to have been filed.
31. The Auditor should certify the annexures. Further, the Auditor should also give reasons for additional tax liability. If any, the dealer may accept the Auditors finding and discharge the liability if any, worked out by the Auditor either fully or partly.
32. It is mandatory for the Auditor to visit the principal place of business and the place where major business activities are carried out before the date of furnishing of Audit Report to the dealer.
33. It is mandatory to fill Part I, Part II and the applicable Schedule and Annexures. An option is available at the top right hand corner of each Schedule to choose whether the particular Schedule is applicable or not. The option is named as "Applicable" and allows option to select "Yes or No". It is mandatory for the dealer to select "Yes" in case the particular Schedule is applicable and "NO" if the same is not applicable. Once a dealer selects the option "No" then he shall not enter any information in the Schedules for which the option selected is "No".
34. The Annexure which are not applicable should be left blank.
35. It is mandatory to fill all the cells of Part-1 and Part-2 and Annexure- F. In case any filled or box is not applicable. 'O' (zero) in numerical fields and 'N.A.' in text fields should be entered.
36. In all the Schedules and Annexure it is mandatory to fill applicable rows completely i.e. if one cell in a row is filled then it is mandatory to fill all the remaining cells in that row.
37. Wherever the words "Please Specify" appears it is necessary to specify the description. For example, in Part-1, Cells C84, C86 of Table 2: C106 of Table 3 and B131, B132 of Table 5, it is necessary to mention the description, if figures are filled in the corresponding cells.
38. The green and shaded fields are non enterable. The green fields have been given formulas and are auto filled.
39. If Wrong TIN is entered in the form, then it remains RED & BOLD.
40. Most of the fields of Part-1 are auto filled, once the Annexures and the Schedule are filled. Hence it is advised to fill form 704 in the order.
First Annexure A to K then, Schedules I to VI then Part II and lastly Part-1.
41. After validating any sheet i.e. after the validation button is pressed, the error sheet shows only the errors in that particular sheet. After pressing the validation button in Part-1, Errors in the entire form are shown. After successfully validating the Part-1. Rem. txt file will be generated and get saved on Drive 'C'. The dealer may upload this file after logging on to www.mahavat.gov.in under his login Id and Password for e-Services.".
2. In PART - 1 for para-4, 5 and 6, the following shall be substituted, namely:
4. COMPUTATION OF TAX LIABILITY AND RECOMMENDATIONS
TABLE-2
UNDER MAHARASHTRA VALUE ADDED TAX ACT, 2002
(Rs.)
TABLE-3
UNDER CENTRAL SALES TAX ACT, 1956
TABLE-4
CUMULATIVE QUANTUM OF BENEFITS AVAILED
TABLE-5
Classification of additional dues with calculation of Tax and interest thereon
5. Qualifications or remarks having impact on the tax liability:-
(a) _________________________________________________________________
_________________________________________________________________
(b) _________________________________________________________________
(c) _________________________________________________________________
(d) _________________________________________________________________
(e) _________________________________________________________________
6. Dealer has been recommended to:-
TABLE-6
Encl:-
3. In PART - 2 the following shall be substituted, namely:
FORM .. 704
(See rule 65)
Audit report under section 61 of the Maharashtra Value Added
Tax Act, 2002.
PART - 2
GENERAL INFORMATION ABOUT THE DEALERS BUSINESS ACTIVITIES
_______________________________
_________________________________
B. RELATED INFORMATION UNDER OTHER ACTS
___________________________________
Manufacturer
(Give Branch Address, if BSR Code not known)
AUDIT REPORT
4. In PART-3,-
(a) In Schedule VI in box 7-
(i) the Sr No. e shall be deleted
(ii) in Sr No. f for the words, brackets and letters "Total amount payable (c+d+e) the words, brackets and letters "Total amount payable (c+d)
5. In ANNEXURE ,-
(a) In ANNEXURE-A,-
(i) after the heading the following shall be inserted, namely:-
Enter value-wise Top 98 separately and put total of remaining in 99th row
(ii) in column (3) for the words "due date" the words "original return due date of payment" shall be substituted.
(iii) the column (5) shall be deleted;
(iv) in Table after the heading "details of RAO", the following shall be inserted, namely:-
Enter value-wise Top 14 separately and put total of remaining in 15th row
(b) In ANNEXURE-B,-
Enter value-wise Top 49 separately and put total of remaining in 50th row
(c) For ANNEXURE-C, the following shall be substituted, namely:-
ANNEXURE-C
Details of Tax Deducted at Source (TDS) certificates received corresponding to item (vi) (c ) of Table No.-2 of Part-1.
No.
the employer, if
any
SEAL AND SIGNATURE OF THE AUDITOR
(d) In ANNEXURE-D,- after the heading the following shall be inserted, namely:-
Enter value-wise Top 499 separately and put total of remaining in 500th row
(e) For ANNEXURE-E, the following shall be substituted, namely:-
ANNEXURE-E
Computation of set-off claim on the basis of tax paid purchases effected from registered dealers
SECTION-1 Total tax paid purchases effected from the Local Supplier during the period under Audit (including capital assets)
SECTION-4:-Details of Tax paid purchases on which set-off is admissible after reduction under rule 53.
Eligible for set-off (e-g)
by the dealer in Return
Reasons for Excess or Short claim Set-off:-
(f) For ANNEXURE-F, the following shall be substituted, namely:-
ANNEXURE-F
Financial Ratios for the year under audit and other information.
(a) As per Profit & Loss A/c
(b) Information to be furnished in relation to the sales effected within/from Maharashtra
S No.
(To be reported as determined by the Auditor)
B) other information
(g) For ANNEXURE- G, the following shall be substituted, namely:-
ANNEXURE-G
Details of Declaration or certificate received
(h) For ANNEXURE- H, the following shall be substituted, namely:-
ANNEXURE-H
Details of Declarations or Certificates (in Form-H) not received
(Net)
(i) For ANNEXURE- I, the following shall be substituted, namely:-
ANNEXURE-I
Declarations or Certificates not received Under Central Sales Tax Act, 1956. (other than Form-H)
(Local
Rate)
7*9 %)
(Rs.) (Col. 10-
Col. 8)
(j) For ANNEXURE-J, the following shall be substituted, namely:-
ANNEXURE-J
(Section 1)
CUSTOMER-WISE VAT SALES
(Section 2)
* Net Taxable Amount means Purchase Amount on which VAT is charged separately.
* Gross Amount means - Total Value of Purchases From Suppliers including, VAT, insurance, freight, any other charges etc shown separately in invoices.
(Section 3)
CUSTOMER-WISE DEBIT NOTE OR CREDIT NOTE
* Note - The details in respect of Credit Notes / Debit Notes to be submitted only when there is variation in sale price in respect of goods sold.
(Section 4)
SUPPLIER -WISE DEBIT NOTE OR CREDIT NOTE
* Note - The details in respect of Credit Notes / Debit Notes to be submitted only when there is variation in purchase price in respect of goods purchased.
(Section 5)
CUSTOMER WISE TRANSACTION OF DIRECT EXPORT AND HIGHSEAS SALES UNDER CST ACT 1956
(Section 6)
CUSTOMER WISE TRANSACTION UNDER CST ACT 1956
(k) For ANNEXURE-K, the following shall be substituted, namely:-
ANNEXURE-K
Determination of Gross Turnover of Sales and Purchases along with reconciliation
with Profit and Loss Account, Trial Balance/ Sales and Purchase register.
SANJAY BHATIYA
Commissioner of Sales Tax,
Maharashtra State, Mumbai.