In exercise of the powers under section 79 of the Uttar Pradesh Value Added Tax Act, 2008 (U.P. Act no. 5 of 2008) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Value Added Tax Rules, 2008.
The Governor, being satisfied that circumstances exist which render it necessary for him to take immediate action, is further pleased under the proviso to sub-section (3) of section 79 of the said Act to make the aforesaid rules without previous publication:-
The Uttar Pradesh Value Added Tax (Fifth Amendment) Rules, 2014
1. Short title and commencement
(1) These rules may be called the Uttar Pradesh Value Added Tax ( Fifth Amendment) Rules, 2014
(2) They shall come into force with effect from the date of their publication in the Gazette.
2. Amendment of rule 2
In the Uttar Pradesh Value Added Tax Rules, 2008 hereinafter referred to as the said rules, in rule 2, in sub-rule (1),-
(a) for the existing clause (c) set out in Column-I below, clause as set out in Column-II shall be substituted, namely:-
(i) A Joint Commissioner (assessment) appointed and posted by the State Government in a corporate circle to perform the functions and exercise the powers of assessing authority;
(ii) A Deputy Commissioner or an Assistant Commissioner appointed by the State Government and posted either by the State Government or by the Commissioner or a Commercial Taxes Officer appointed and posted by the Commissioner ;
(a) in a circle to perform the functions and exercise the powers of an assessing authority in such circle ;
(b) in any offices of the Department and empowered under rule 5 to exercise powers under sections 45, 48 and 49.
(i) A Joint Commissioner appointed and posted by the State Government,-
(a) in a corporate circle to perform the functions and exercise the powers of assessing authority;
(b) in the audit wing of the department to undertake tax audit according to the provisions of the Act and these rules.
(c) in the audit wing of the department to undertake tax audit according to the provisions of the Act and these rules.
3. Amendment of rule 20
In the said Rules, in rule 20, in sub-rule (1) for the existing clause (c) set out in Column-I below, the clause as set out in Column-II shall be substituted, namely:-
4. Amendment of rule 21
In the said Rules, in rule 21, for existing sub-rule (2) set out in Column-I below, the clause as set out in Column-II shall be substituted, namely:-
(a) consigned outside the State otherwise than as a result of a sale in the same form and condition in which those were purchased; or
(b) used or consumed in manufacture or processing of any taxable goods or in packing of such goods and such manufactured or processed goods are consigned outside the State otherwise than as a result of a sale,
credit of part amount of input tax obtained by using expression {(P x R) / 100}, shall not be allowed: Where-
(i) P is the purchase price of the goods consigned or used or consumed, as the case may be;
(ii) R is rate of tax applicable to the commodity under the Act if it is less than 4 and in other cases is equal to 4.
(ii) R is rate provided under sub-section (1) of section 8 of the Central Sales Tax Act, 1956
5. Amendment of rule 22
In the said Rules, in rule 22, for existing sub-rule (3) set out in Column-I below, the sub-rule as set out in Column-II shall be substituted, namely:-
P x R/100
Where, in respect of quantity or measure of goods consigned outside the State,-
(i) P is the purchase price, according to the tax invoice or purchase invoice in respect of which input tax credit has been claimed of full amount of input tax; and
(ii) R is rate provided under sub-section (1) of section 8 of the Central Sales Tax Act, 1956.
6. Amendment of rule 32
In the said Rules, in rule 32, in sub-rule (2) for the existing clause (d) set out in Column-I below, the clause as set out in Column-II shall be substituted, namely:-
7. Amendment of rule 32-A,-
In the said Rules, in rule 32-A-,
(a) in sub-rule (2) for the existing clause (d) set out in Column-I below, the clause as set out in Column-II shall be substituted, namely:-
(b) for existing sub-rules (12) set out in Column-I below, the sub-rules as set out in Column-II shall be substituted, namely:-
8. Amendment of rule 37
In the said Rules, in rule 37, for existing sub-rule (2) set out in Column-I below, the sub-rule as set out in Column-II shall be substituted, namely:-
(a) By depositing amount in cash; or
(b) By furnishing bank guarantee from a scheduled bank; or
(c) By pledging fix deposit certificate; or
(d) By pledging National Saving Certificates or any other saving certificates issued by Indian Postal Services.
(2-A) The Commissioner may from time to time envisage any other mode of security as he deems fit for the purpose of this rule .
9. Amendment of rule 42
In the said Rules, in rule 42, for existing sub-rule (1) set out in Column-I below, the sub-rule as set out in Column-II shall be substituted, namely:-
10. Amendment of rule 45
In the said Rules, in rule 45,-
(a) for existing sub-rule (7) set out in Column-I below, the sub-rule as set out in Column-II shall be substituted, namely:-
(a) in Form XXVI A in case of dealer exclusively dealing sale and purchase within the State
(b) in form XXVI B in case of dealer executing works contract
(c) in form XXVI in cases other than (a) and (b) above.
for the preceding assessment year along with copies marked "Original" of all forms of declaration or certificates, on the basis of which exemption or concession from tax is claimed or which determine the nature of a transaction and annexure as described in the relevant form:
Provided that the annual return for the assessment year 2007-2008 may be submitted till March 31, 2009 :
Provided further that the assessing authority may, for adequate reasons to be recorded in writing, extend the time for filing such return up to a period of ninety days beyond the period prescribed under this sub rule:
Provided further that the Commissioner or the State Government may, for adequate reasons to be recorded in writing, by an order in general, extend the time for filing the annual return beyond the period prescribed under this sub rule.
(a) in Form LII in case of dealer other than a dealer referred to in clauses (b) and (c) below
(b) in form LII-A in case of dealer exclusively dealing sale and purchase within the State
(c) in form LII-B in cases a dealer executing works contract or transfer of right to use any goods or both, as the case may be;
for the preceding assessment year along with copies marked "Original" of all forms of declaration or certificates, on the basis of which exemption or reduction in the rate of tax is claimed or which determine the nature of a transaction and annexure as described in the relevant form:
Provided that the assessing authority may, for adequate reasons to be recorded in writing, extend the time for filing such Annexures of Consolidated Details up to a period of ninety days beyond the period prescribed under this sub rule:
Provided further that the Commissioner or the State Government may, for adequate reasons to be recorded in writing, by an order in general, extend the time for filing the Annexures of Consolidated Details beyond the period prescribed under this sub rule.
(b) for existing sub-rule (10) for the existing clause (a) set out in Column-I below, the clause as set out in Column-II shall be substituted, namely:-
11. Amendment of rule 50
In the said Rules, in rule 50 for the existing sub-rule (2) set out in Column-I below, the sub-rule as set out in Column-II shall be substituted, namely:-
Provided that where the recipient has already given name and address of local branch of a Bank and his Bank account number in such local branch of the Bank to the assessing authority, it shall not be necessary to give such details again.
Provided that where the recipient has already given his Bank account number, name and address of local branch or C.B.S. branch of a Bank to the assessing authority, it shall not be necessary to give such details again.
12. Amendment of rule 62
In the said Rules, in rule 62 in sub-rule (4) for the existing clause (b) set out in Column-I below, the clause as set out in Column-II shall be substituted, namely:-
13 Omission of certain Forms
Form numbers XXVI, XXVI-A and XXVI-B shall be omitted.
14 Insertion of new Forms
After form LI the following Forms shall be inserted, namely;-
FORM - LII
Department of Commercial Taxes, Government of Uttar Pradesh
[See Sub rule (7) of rule-45 of the UPVAT Rules, 2008]
Annexures of Consolidated Details
Note: - Annex the detailed of Forms in Annexures (a), (b), (c), (d) and (e) whichever applicable .
ANNEXURE-2
Annual Details of Purchase [in Rs.]
1
2
3
Note:- 1. Reason to be given if the details of purchases given here differ from those given in monthly and quarterly return
2. Details of purchases against Form- C/ Form -H/ Form-I to be enclosed.
3. Details of receipts against Form- F to be enclosed.
ANNEXURE-3
Annual Details of Sale
Note:- Reason to be given if the details of sales given here differ from those given in monthly and quarterly return
* The information in Annexure B-l will he given in proforma prescribed alongwith Form XXIV.
ANNEXURE -4
Consolidated Computation of tax on purchase
1%
4%
12.5%
1.5%
Consolidated Computation of tax on Sale (U.P.)
Consolidated Computation of tax on sale (Central)
1...
2...
3...
4...
Note- ' . List and copies of Form XX received.
2. List and copies of Form-D or any other Form or Certificate on the basis of which exemption or reduction of tax has been claimed.
ANNEXURE 6
STOCK DETAILS
Note-
1 The stock details of Goods purchased from U.P. and Ex UP. are to be disclosed separately.
2- Only cumulative details of commodities as per the rate of tax applicable and exempted goods are to be mentioned .
3- The Manufacturers are to disclose the stock details of Raw Material, Consumable stores etc. and Finished Goods separately.
ANNEXURE-7
Consolidated Details of ITC
(i) ITC on capital goods as per Rule-24(a)
(ii) ITC on goods other than capital goods
ANNEXURE- 8
Consolidated Details of deposit along with return of tax period in Treasury/Bank
Consolidated Details of adjustments in Form XXXII -A
Consolidated Details of TDS in Form XXXI
Consolidated carried forward Details
DECLARATION
I.............................S/0,D/0,W/O............................Status................. ( i.e. proprietor , director , partner etc. as provided in rule-32(6) ) do hereby declare and verify that, to the best of my knowledge and belief all the statements and figures given in the above annexures are true and complete and nothing has been willfully omitted or wrongly stated .
Name of the dealer
Note:- 1- These Details must be signed by a person who is authorized under rule 32 (6) of Uttar Pradesh Value Added Tax Rules, 2008.
2- If space provided in any format or table is not sufficient the relevant information may be submitted in same format on separate sheet.
Annexure-(a) : Details of U.P. Form -38/D/E /F used during the financial year whichever is applicable
Annexure-(b): Details of Central Forms-C/F/H/I used during the financial year whichever is applicable
Annexure-(c) : Details of U.P. Form -XXI & Central Form - E-I and E-II etc. and Form-J used whichever is applicable
Annexure-(d): Details of Certificate Form XXXI used in the Assessment Year
Annexure-(e): Details of O.C. Stamp used :
FORM - LII-A
( For traders exclusively dealing purchase and sale within the UP )
Annexure-1
(in Rs.)
Note:- Reason to be given if the details of purchases given here differ from those given in monthly and quarterly return
Annexure-2
Annexure 3
NoteOnly cumulative details of commodities as per the rate of tax applicable and exempted goods are to be mention
Annexure-4
Consolidated Computation of tax payable on purchase from person other than registered dealer
Annexure-5
Annexure-6
ANNEXURE- 7
A- Details of deposit along with return of tax period in Treasury/Bank
Annexure-8
I.............................S/0,D/0,W/O
............................
Status................. ( i.e. proprietor , director , partner etc. as provided in rule-32(6) ) do hereby declare and verify that, to the best of my knowledge and belief all the statements and figures given in the above annexures are true and complete and nothing has been willfully omitted or wrongly stated
Note:-
1- These Details must be signed by a person who is authorized under rule 32 (6} of Uttar Pradesh Value Added Tax Rules, 2008.
FORM - LII-B
( For the works contractors / Transfer of right to use)
Detail of declaration or certificate received from Department of Commercial Taxes-
Note:- Annex the detail information of the forms used Annexures (a), (b) & (c) whichever applicable..
Annual Details of Purchase :
Note: Reason to be given if the details of the purchase given here defer from those given in monthly and quarterly return
Annexure-3
Computation of tax on the annual turnover of Purchase :
Computation of annual taxable turnover in case of transfer of right to use of any goods
Annex ure-5
Computation of tax in case of transfer of right to use of any goods under UPVAT Act, 2008
Computation of tax in case of transfer of right to use of any goods under C.S.T. Act, 1956
Annexure-7
(i) the sub-contractor is registered dealer under the Act.
(ii) the sub-contractor has disclosed turnover in the relevant return of the tax period and has paid tax according to the provisions of the Act.
Note: Reason to be given if the details of the sales value given here defer from those given in monthly and quarterly return
Computation of Tax on the turnover of sale in works contract under UPVAT Act
Annexure-9
Annexure-10
Total tax payable for the year :
0
Annexure-11
Details of Composition money
Annexure-12
Annexure 13
Annexure 14
Annexure 15
Annexure 16
Annexure 17
I.........................S/o,D/o,W/o/..............................Status................... [i.e. proprietor, director, partner etc. as provided in rule-32(6)], do hereby declare and verify that, to the best of my knowledge and belief all the statements and figures given in this return are true and nothing has been willfully omitted, suppressed or wrongly stated.
Note:- 1-This Return must be signed by a person who is authorized under rule 32 (6) of Uttar Pradesh Value Added Tax Rules, 2008
2-if space provided in any format or annexure is not sufficient the same may be furnished on separate sheet in same format.
Annexure (a)
Details of certificate Form XXXI used
Annexure (b)
Details of Form XXXVIII
Annexure (c)
Details of Form C / F whichever applicable
By order,
(Biresh Kumar )
Pramukh Sachiv