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The Orissa Value Added Tax Act, 2004
CHAPTER V: RETURN AND RETURN DEFAULTS

Body 33. Periodical returns and payment of tax.

(1) Every registered dealer shall furnish returns in such form, for such period, by such dates and to such authority, as may be prescribed :

Provided that the Commissioner may, subject to such conditions and restrictions as may be prescribed, exempt any such dealer or class of dealers from furnishing such returns or require any such dealer to furnish -

(a) returns for such different periods; or

(b) separate return for each or any branch or place of business inside the State, where such registered dealer has more than one branch or place of business in the State.

(2) If the Commissioner has reason to believe that the gross turnover of any dealer is likely to exceed or has exceeded the taxable limit as specified in sub-section (4) of section 10, he may, by notice, served in the prescribed manner, require such dealer to furnish return as if he were a registered dealer, but no tax shall be payable by him unless his gross turnover exceeds the taxable limit provided under the said sub-section.

(3) A registered dealer, whose certificate of registration is cancelled by the registering authority under section 31, shall furnish a final return in such form as may be prescribed, within thirty days from the date of order of such cancellation.

(4) If any dealer, having furnished returns under sub-section (1) or sub-section (2), discovers any omission or incorrect statement therein or where there is requirement for adjustment of sale price or tax or both in relation to sale of any goods, makes such adjustment by way of issue of credit note or debit note, he may file a revised return any time on or before the end of October of the succeeding year or the date on which annual return is filed whichever is earlier:

Provided that, where as a result of revision of return, any extra amount on account of tax is found payable, the dealer revising the return shall pay such differential tax along with interest at the rate prescribed in sub-section (1) of section 34 and such interest shall be calculated from the due date for filing the original return to the date of payment of the differential tax

(5) If any dealer, after furnishing a return under sub-section (1) or sub-section (2), discovers that a higher amount of tax was due than the amount of tax admitted by him in the original return for any reason, he may voluntarily disclose the same by filing a revised return for the purpose and pay the higher amount of tax as due at any time, in the manner provided under section 50 :

Provided that no such voluntary disclosure shall be accepted where the disclosure is made or intended to be made after receipt of the notice for tax audit under this Act.

(6) Every dealer required to file return under sub-section (1) ,sub-section (2) or sub-section (3) shall pay the full amount of tax payable according to the return or the differential tax payable according to the revised return furnished, if any, in the manner provided under section 50.

(7) Every return under this section shall be signed and verified 

(a) in case of an individual, by the individual himself, and where the individual is absent, by any person duly authorised by him in this behalf ;

(b) in the case of a Hindu Undivided Family, by the Karta,

(c) in the case of a company or local authority, by the principal officer thereof;

(d) in the case of a firm , by any partner thereof not being a minor;

(e) in the case of any other association, by any person competent to act in that behalf.

Explanation.- For the purpose of clause(c) of sub-section (7), the expression " principal officer" shall have the meaning assigned to it under clause (35) of section 2 of the Income Tax Act, 1961(43 of 1961).

(8) Any return signed by a person who is not authorised under sub-section (7) shall not be treated as a return for the purposes of this Act :

Provided that any amount deposited on the basis of such return shall not be refunded except where it is established under the provisions of this Act to be otherwise not payable.

(9) Notwithstanding anything contained in sub-sections (7) and (8), returns filed electronically shall not require any signature by the dealer or his authorized person.