Notification No. F-A-3-29-2011-1-V(25),Dated 8th May 2012
In exercise of the powers conferred by Section 71 of the Madhya Pradesh Vat Act, 2002 (No. 20 of 2002), the State Government, hereby, makes the following amendments in the Madhya Pradesh Vat Rules, 2006, the same having been previously published as required by sub-section (1) of Section 71 of the said Act, namely :-
AMENDMENTS
In the said rules,-
(i) in rule 54,-
(a) for sub-rule (1), the following sub-rule shall be substituted, namely;-
"(1) Every dealer required to furnish audit report under sub-section (2) of section 39 shall furnish the audit report prepared by a chartered Accountant in Form 41-A, to the appropriate Commercial Tax Officer or any other Officer authorised by the Commissioner in this behalf by 31st October of the succeeding year; Provided that,-
(i) a dealer having annual turnover of ten crore rupees or less may furnish the audit report prepared for the purpose of Income Tax. Separate details pertaining to the business done in the State of Madhya Pradesh shall be included in the audit report;
(ii) a dealer who is an industrial unit having annual turnover of ten crore rupees or less may furnish the audit report prepared by a member of Institute of Cost and Works Accountants of India;
(iii) the audit report can be furnished upto 31st December of the succeeding year with a late fee of rupees 100/- per day,";
(b) sub-rule (2) shall be renumbered as sub-rule (3) and before the sub-rule (3) so renumbered, the following sub-rule shall be inserted, namely:-
"(2) Notwithstanding anything to the contrary contained in sub-rule (1), a dealer having annual turnover of ten crore rupees or less and dealing in the goods as may be notified by the State Government, shall furnish the audit report in Form 41-A.";
[ii) after Form-41, the following new Form-41-A shall be inserted, namely:-
"FORM 41-A
[See Rule 54(1)
Audit Report under sub-section (2) of section 39 of the Madhya Pradesh VAT Act, 2002
1. I/We have examined the books of accounts and/or records maintained by M/s ........................ (Name and address of dealer) holding TIN .................... in the State of Madhya Pradesh, relating to purchase, sales and stocks in pursuance of the Provisions of sub-section (2) of section 39 of the Madhya Pradesh Vat Act 2002, for the year/period ended 31st March.........
The above books of accounts and/or records are the responsibility of the dealer's management. Our responsibility is to express an opinion on these records based on our Audit.
We conducted our audit in accordance with the auditing standards generally accepted in India as prescribed by the Institute of Chartered Accountants of India. Those standards require that we plan and perform the audit to obtain reasonable assurance whether the records are free of material misstatement(s). An Audit includes examining on a test basis, evidence supporting the amounts and disclosure in the books of accounts and/or records. An audit also includes assessing the accounting principals used and significant estimate made by the management, as well as evaluating the overall presentation of books of accounts and/or records. We believe that our audit provides a reasonable basis for our opinion.
2. I/We report the following observations /comments / discrepancies/ inconsistencies, if any:-
........................................................................................................................................
2. We report that subject to para 2 above
(a) we have obtained all the information and explanations, which to the best of our knowledge and belief, were necessary for the purpose of our audit.
(b) in our opinion, proper books of accounts and /or records have been kept by the dealer so far as appears from our examination of the books of accounts and /or records.
(c) In my/our opinion the books of accounts and / or records relating to the Purchase, Sales and stocks have been maintained as per the Accounting Standards issued by the Institute of Chartered Accounts of India to the extent applicable.
4. The Statement of Particulars required to be furnished u/s 39(2) of the Madhya Pradesh VAT Act, 2002 read with Rule 54 of the Madhya Pradesh VAT Rules, 2006, is annexed herewith in Form-B.
5. In our opinion and to the best of our information and according to the explanations given to us, the particulars given in said from B are true and correct.
* Strike out whichever is not applicable
FORM- B
STATEMENT OF PARTICULARS
PART-I
GENERAL INFORMATION
( with phone, Fax, E-mail etc.)
(within the State of Madhya Pradesh) of-
Branch(es)
Godown(s)
Manufacturing Units
(Outside the State of Madhya Pradesh) of-
(Financial Year)
Name of Bank
Branch
Account No.
Type of Account
(in Nos.)
(Rs.)
*give the book No. And serial no. of Cancelled forms
(Where applicable)
PART - II
FOR MANUFACTURING ACTIVITY ONLY
A. Particulars of Stock
B. Particulars of Goods Purchase/ Receipts of all goods other than finished goods and return of such goods
(3) - (4)
TRADING RESULTS OF MANUFACTURED GOODS
(3)- (4)
[J(5)]
I(viii) to I(xv)
[B-1(xi)(5) +B-2 (viii)(5)]
PART - III
FOR TRADING / CONSIGNMENT SALE ONLY
(goods specified in part III of Schedule II)
[H(5)]
G(xii) to G(xx)
[B(xi)(5) +C (viii)(5)]
PART - IV
STATEMENT OF REVERSAL OF INPUT TAX REBATE
* The value of goods disposed of otherwise than by way of sale within the State of Madhya Pradesh or in the course of Inter-State trade or commerce or in the course of export out of the territory of India to be shown.
PART - V-
STATEMENT OF TRANSFER OF RIGHT TO USE GOODS
PART - VI
TAX LIABILITY OF MISCELLANEOUS SALES
PART - VII
Contractors/sub-contractor -Works Contract
(a) Labour charges for execution of works
(b) amount paid to sub-contractor for labour and services.
(c) charges for planning designing and architect's fees
(d) charges for obtaining on hire or otherwise machinery and tools used in the execution of works contract
(e) cost of consumables such as water, electricity, fuel etc. used in the execution of the works contract the property in which is not transferred in the course of execution of works contract.
(f) cost of the establishment of the contractor which is relatable to supply of labour and services
(g) other similar expenses relatable to supply of labour and services
(h) tax paid goods on which tax has been paid on the basis of weight, volume, measurement or unit
(i) supplies in the course of inter-state trade or commerce
(j) profit earned by the contractor to the extent is relatable to supply of labour and services (Give Calculation)
(k) Any other deduction (specify)
Statement of Works Contract(s) for which composition has been opted
G-1 Details of Works Contract(s) under Composition
G-2 Calculation of lump sum amount by way of composition amount
[B(x)(5) +C (viii)(5)]
PART - VIII
STATEMENT OF INPUT REBATE
(3-4)
* Give reasons for reduced rate
PART - IX
PART - X
1. BENEFITS AVAILED UNDER EXEMPTION/DEFERMENT SCHEMES
A- BENEFITS AVAILED UNDER EXEMPTION/DEFERMENT SCHEMES
B. Details of Deferred of tax.
(4-6)
PART - XI
Miscellaneous information
(a) Specific reasons for difference in taxable sales/purchases, tax liability and input tax credit as per books and as disclosed in return(s), if any.
(b) Whether there is delay in payment of tax? If yes, please give particulars.
(c) Whether there is delay in filing of returns, If yes, please give particulars.
(d) Details of sales
(Dealer wise sales within the State exceeding rupees 25,000/= in the year of goods specified in Schedule II)
(e) Details of Purchase
(Dealer wise Purchase within the State exceeding rupees 25,000/= in the year of goods specified in Schedule II)
(f) Summary of sales to industrial units situated in Special Economic Zone in Madhya Pradesh
(g) Summary of Direct Export
(h) Summary of sales in the course of Export against Form H:
(i) Summary of Inter-State Sales liable to tax under Section 8(1) of the Central Sales Tax Act, 1956 against Form "C":
(j) Summary of Inter-State Sales claimed as exempt under Section 6(2) of the Central Sales Tax Act, 1956 supported with declarations/certificate:
(A) SALES:
(B) PURCHASES:
(k) Summary of Inter-State Branch transfer/consignment sales supported with declaration Form "F":
(l) Summary of Inter-State Sales claimed as exempt under Section 8(5) of the Central Sales Tax Act, 1956 supported with declaration Form "C":
(m) Summary of Inter-State Sales claimed as exempt under Section 8(6) of the Central Sales Tax Act, 1956 supported by Form "I":
* In (f) to (m) details of declarations and certificates being submitted along with the audit report, are to be furnished
PART - XII
Computation of vat
COMPUTATION OF CST
1
2
3
4
COMPUTATION OF ENTRY TAX
DECLARATION
I ............................................ (Name of the Authorized Signatory) in my capacity as ............................. (designation) of ................................................................................ (name and address of the dealer ) do hereby declare that the particulars given above are true and correct to the best of my/our knowledge, information and belief and all information furnished herein above in accordance with our books of accounts and in the returns submitted as per Appendix-1
(iii) These amendments shall be applicable to the periods commencing on or after 1st April, 2011
By order and in the name of the Governor of Madhya Pradesh,
N. K. Jain
Dy. Secretary