In exercise of the powers conferred by section 99 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government hereby makes the following rules further to amend the Rajasthan Value Added Tax Rules, 2006, namely:-
1. Short title and commencement :-
(1) These rules may be called the Rajasthan Value Added Tax (Amendment) Rules, 2012.
(2)They shall come into force with effect from 01.04.2012.
2. Amendment of rule 12 :-
In rule 12 of the Rajasthan Value Added Tax Rules, 2006, herein after referred to as the said rules :-
(i) in sub-rule (3) after the existing clause (i) and before the existing clause (ii), the following new clause (ia) shall be inserted, namely:-
"(ia) Affidavit for obtaining registration in Form VAT-01B"
(ii) in clause (vi) of sub-rule (3), for the existing expression "copy of voter identification card or passport or permanent account number or driving license", the expression "copy of permanent account number allotted by the Income Tax Department" shall be substituted.
(iii) after the existing sub-rule(3), the following new sub-rule (4) shall be added, namely:-
"(4) If details regarding permanent account number of business, information regarding bank account with IFSC Code of the Branch, Telephone Number / Mobile Number and E-mail ID are not furnished in the application form for grant of registration certificate in Form VAT-01, it shall be deemed that application for grant of registration is not complete in all respect."
3. Amendment of rule 12A :-
After the existing sub-rule(3) of rule 12A of the said rules, the following new sub-rule (4) shall be added, namely:-
"(4) If details regarding permanent account number of business, information regarding bank account with IFSC Code of the Branch, Telephone Number / Mobile Number and E-mail ID are not furnished in the application form for grant of registration certificate in Form VAT-01A, it shall be deemed that application for grant of registration is not complete in all respect."
4. Amendment of rule 19 :-
In rule 19 of said rules :-
(i) the existing sub-rule (5) shall be substituted by the following, namely:-
"(5) Return in Form VAT-10 shall be submitted by all dealers other than those enumerated in sub-rule (4) above, along with statement of purchases in Form VAT-07A and statement of sales in Form VAT- 08A :-
(a) within sixty days of the end of the quarter by the dealers who have deposited less than Rs. 50,000/- as tax under the Rajasthan Value Added Tax Act, 2003, including the Central Sales Tax Act, 1956, during the previous year
(b) within forty five days of the end of the quarter by the dealers other than enumerated in clause (a) above."
(ii) in sub-rule (6), for the existing expression "nine months", the expression "ten months" shall be substituted.
(iii) in sub-rule (8), for the existing expression "Form VAT-10", the expression "Form VAT-10 or Form VAT-10A or Form VAT-11" shall be substituted.
(iv) after the existing sub-rule (9), the following new sub-rule (10) shall be added, namely :-
"(10) Where a dealer has failed to deposit due tax within the period notified under section 20 or has failed to submit a return within the period prescribed under section 21, in such cases, return(s) shall be submitted along with proof of deposit of due tax, late fee and interest, if any. Where such proof is not submitted, it shall be deemed to be case of non-filing of the return."
5. Amendment of rule 21 :-
In rule 21 of the said rules, after the existing sub-rule (14), the following new sub-rule (15) shall be added, namely :-
"(15) Notwithstanding anything contained in sub-rule (2) and (3) above, duly filled in declaration form VAT-15 may be obtained by a dealer electronically through the official website of the Department."
6. Amendment of rule 35 :-
In rule 35 of the said rules, for the existing expression "an assessing authority or any other authorized officer, the assessing authority or such other authorized officer", the expression "an assessing authority or any other authorized officer or the State Level Screening Committee or the District Level Screening Committee, the assessing authority or such other authorized officer or the State Level Screening Committee or the District Level Screening Committee" shall be substituted.
7. Amendment of rule 36 :-
In sub-rule (6) of rule 36 of the said rules, for the existing expression, "However the audit report may be furnished up to-
(i) 31.03.2008 for the year 2006-07
(ii) 31.03.2009 for the year 2007-08
(iii) 31.01.2010 for the year 2008-09 and
(iv) 30.09.2011 for the year 2009-10.,
the expression "However the audit report may be furnished up to-
(iii) 31.01.2010 for the year 2008-09
(iv) 30.09.2011 for the year 2009-10 and
(v) 30.04.2012 for the year 2010-11. shall be substituted.
8. Substitution of rule 39 :-
The existing rule 39 of the said rules, shall besubstituted by the following, namely :-
"39. Mode of payment of tax, demand or other sum :-
(1) Unless otherwise notified by the State Government, payment of tax, demand or other sum shall be made into the bank authorized to receive money on behalf of the State Government, electronically through the official website of the Department. The authorized banks shall generate e-challan in Form VAT-37A through a computer network. The authorized bank shall also forward a statement of such e-challan, on the same day, in part-A of Form VAT-45A to the concerned treasury of the State and a copy of such statement shall be forwarded to the Accountant General, Rajasthan. The date of payment shall be deemed to be the date of deposit generated on the e-challan in Form VAT-37A.
(2) The class of dealers as notified by the State Government, shall make payment of tax, demand or other sum into the Government treasury or the bank authorized to receive money on behalf of the State Government, by means of a challan in Form VAT-37 or through a demand draft drawn on any branch of a bank situated in Rajasthan, in favour of the assessing authority concerned or any authorized officer. The date of payment shall be deemed to be the date on which cash is deposited or a demand draft/banker's cheque / cheque is encashed and deposited in the account of the State Government.
(3) The subsidy, if any, disbursed under the Rajasthan Investment Promotion Scheme-2010 or under any customizedpackage by the State Government, and disbursed by the Commercial Taxes Department of the State Government, shall be adjusted against the tax payable by means of a challan in Form VAT-37B. The date of deposit shall be deemed to be the date on which adjustment has been made by the treasury.
(4) On deposit of the tax, demand or other sum under sub-rule (2) or (3), as the case may be, the bank shall return part IV and part V of the challan after affixing its seal thereon to the person depositing the amount and part III of the challan shall be sent by such bank to the treasury or authorized officer. Part I and Part II of the challan shall be sent by such bank to the treasury, and such treasury shall retain part I of the challan and shall forward the part II to the Accountant General, Rajasthan. The person who made the payment will retain Part V of the challan with himself and shall enclose the Part IV thereof with the application, return, and memorandum of appeal or other document to be submitted to the authority concerned.
(5) Notwithstanding anything contained in sub-rule (1), (2) and (3), where any amount of tax, demand or other sum payable under the Act or the rules or under any notification, to the assessing authority or the incharge of a check post or a Flying Squad or to any other officer authorized under sub-section (4) of section 76, such amount may be accepted by such authority or the in-charge or officer or a Junior Commercial Taxes Officer and a receipt in Form VAT-38 shall be issued to the depositor.
(6) Notwithstanding anything contained in sub-rule (1) to (5) above, a registered dealer shall deposit the amount of tax to a contractor, in respect of goods specified under clause (8) of section 2 and livestock at a particular check post or for a specified area, where the Commissioner has permitted such contractor to collect tax under section 77, and such registered dealer shall obtain a receipt in Form VAT-39 from such contractor."
9. Substitution of Form VAT-01 :-
The existing Form VAT-01 appended to the said rules, shall be substituted by the following, namely:-
"Form VAT-01
[See rule 12 (1)]
Application for Registration
(To be filled in capital letters)
To,
(Registering Authority)
.
Intend to Sale
Verification
I/We certify that the information given in this form and its attachments (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. I also certify that R.C. No. (TIN) has not been previously issued to me / us for this business.
Instructions:
1. All the entries should be filled.
2. Tick applicable in option boxes.
3. If required, attached separate sheet.
4. The application and all attachments are to be filed in duplicate.
5. Any change in any of the particulars mentioned above should be intimated to the Department within 30 days.
6. This Form should be verified and signed by:
(a) Proprietor, in case of Proprietorship concern.
(b) Managing Partner, in case of Partnership firm and where there is no Managing Partner by all the partners in case there is no partnership deed and in case of partnership deed by any one partner.
(c) Managing Director or authorized signatory, in case of a Company.
(d) Karta, in case of Hindu Undivided Family.
(e) Authorized Signatory, in all other cases.
ACKNOWLEDGEMENT
Received from M/s. .
Form VAT-01 with following enclosures:
(i)
(ii)
(iii)
& so on
10. Amendment of Form VAT-01A :-
In Form VAT-01A appended to the said rules, in item number 4 of serial number 12, for the existing expression "Type of account", the expression "IFSC Code of Branch" shall be substituted.
11. Amendment of Form VAT-01B :-
In Form VAT-01B appended to the said rules, for the existing expression "Affidavit for obtaining e-registration", the expression "Affidavit for obtaining registration" shall be substituted.
12. Substitution of Form VAT-10 :-
The existing Form VAT-10 appended to the said rules, shall be substituted by the following, namely :-
FORM VAT-10
[See rule 19 of RVAT Rules & Rule 4 of CST (Raj.) Rules]
Return
3. OUTPUT TAX (Tax Liability under VAT)
(a)
4. Tax Liability under CST
5. PURCHASE TAX
6. REVERSE TAX
7. INPUT TAX & DETAILS OF PURCHASES
8. TAX PAYABLE
9. Details of Deposits - VAT-37,VAT-37A, VAT-37B, VAT-38, VAT-41(TDSC), VAT- 25(RAO) etc.
Details of Deposit (VAT+CST)
10. Details of Late Fee:
11. Any other information which dealer wants to mention:
Enclosures:
1. VAT-37 Part IV of challans (In case e-payment has not been made)
2. .................................
3. ....................................
4. .......................................
5. ..........................................
I/We, verify that the above information and its enclosures is true and correct to the best of my knowledge and belief.
1. Fill every column of the return-write NA in the columns which are not applicable.
2. Enclose additional sheet(s) wherever space is not sufficient.
3. (a) In case importer or manufacturer opts to pay tax on Maximum Retail Price (MRP) basis, the MRP value is to be shown in the column 2.1 & 3.5.
(b) The dealers who in addition to VAT sales also have the turnover relating to-
(i) Option of payment of tax under section 5.
(ii) Section 8(3) (Works Contracts under EC).
(iii)Option of payment of tax u/s 3(2) switchover from 3(2) to VAT shall included the turnover in VAT-10 and shall declare turnover, tax liability and payment of tax in
13. Substitution of Form VAT-10A :-
The existing Form VAT-10A appended to the said rules, shall be substituted by the following, namely :-
"Form VAT - 10A"
[See Rule 19(6)]
Annual Return
Part A
Part B
3. DETERMINATION OF OUTPUT TAX ON SALES
7. IN PUT TAX & DETAILS OF PURCHASES
8. Tax liability
9. DETAILS OF TAX PAYMENT DURING THE YEAR
10. Late fee:
11. Revise Return (if any):
Part C
12. TRADING ACCOUNT
13. STATEMENT OF GOODS RECEIVED FOR SALE ON CONSIGNMENT/ TOCK TRANSFER/ DEPOT TRANSFER FROM OUTSIDE THE STATE
13. Details of raw material and finished Goods (in case of manufacturer)
Part D
15. OTHER INFORMATION
15.1 Whether all declaration for all sales claimed at concessional rates as required under the RVAT Act & Rules received, if not, give details
15.2 Whether all declaration in Form VAT-36A for sales of goods received from principal required under the RVAT Act & Rules received, if not, give details:
15.3 Whether all declaration for all sales claimed at concessional rates as required under the CST Act & Rules received, if not, give details
DECLARATION
I,........................ do solemnly declare that to the best of my knowledge and belief the information given on this form is true and correct.
14. Substitution of Form VAT-11 :-
The existing Form VAT-11 appended to the said rules, shall be substituted by the following, namely:-
"FORM VAT-11"
[See Rule 19]
2. To be filled by dealers who have opted for payment of tax under section 3(2)
3.To be filled by dealers who have opted for payment of tax under section 5
Name of the Composition Scheme opted
4. To be filled by dealers who have opted for Exemption Certificate under section 8 (3)
Awarder
5. To be filled by dealers ..
(i) who exclusively sell goods which has suffered tax under the Act at first point
(ii) who exclusively deal in exempted goods
6. Trading Account of the return period (for All Dealers)
7. Details of Deposits - VAT-37, VAT-37A, VAT-37B, VAT-38, VAT-41(TDSC), VAT- 25(RAO) etc.
8. Details of Deposit
9 . Details of Late Fee
I verify that the above information and its enclosures is true and correct to the best of my knowledge and belief.
11. Enclosures (VAT-37, VAT-38, TDS Certificate)
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By Order of the Governor,
Dr. Ravikumar S.,
Deputy Secretary to Government