WHEREAS the Government of Gujarat is satisfied that circumstances exist which render it necessary to take immediate action to make rules and to dispense with the previous publication thereof under the proviso to sub-section (4) of section 98 of the Gujarat Value Added Tax Act, 2003 (Guj. 1 of 2005);
NOW, THEREFORE, in exercise of the powers conferred by section 98 of the Gujarat Value Added Tax Act, 2003 (Guj. 1 of 2005), the Government of Gujarat hereby makes the following rules further to amend the Gujarat Value Added Tax Rules, 2006, namely:-
1. These rules may be called the Gujarat Value Added Tax(Amendment)Rules, 2018.
2. In the Gujarat Value Added Tax Rules, 2006 (hereinafter referred to as "the said rules"), in rule 20, in sub-rule (1), after second proviso, the following proviso shall be inserted, namely:-
"Provided also that the registered dealer who has furnished a final return for the period from 1st April, 2017 to 30th June, 2017 in accordance with the provisions of sub-rule (4) of rule 44 shall be deemed to have filled the annual return for the year of 2017-2018 under this rule.".
3. In the said rules, in rule 44, after sub-rule (3), the following sub-rules shall be added, namely:-
"(4) Every registered dealer whose taxable turnover is more than rupees twenty five lakh for the period from 1st April, 2017 to 30th June, 2017, shall furnish, by way of uploading on the website, a final return for such period within seven months from 1st July, 2017 as follows,-
(i) in Form 202 in case of a registered dealer who furnishes return under sub-rule (3) of rule 19, and
(ii) In Form 205B alongwith the information in respect of inventories in Form 201C in case of a registered dealer other than referred to in clause (i) above.
Provided that the Commissioner may, in the public interest and on such terms and conditions as may be specified, further extend the date not exceeding one month of furnishing such return.
(5) Every registered dealer, in whose case the amount of tax credit is carried forward for more than rupees five lakh on 30th June, 2017, shall get the books of accounts related to the final return referred to in sub-rule (4), duly audited by Chartered Accountant or Cost Accountant and furnish, by way of uploading on the website, a certificate in Form 217A duly signed by him within seven months from 1st July, 2017.
Provided that the Commissioner may, in the public interest and on such terms and conditions as may be specified, further extend the date not exceeding one month of furnishing such certificate.".
3. In the said rules, after Form 205A, the following Forms shall be inserted, namely:-
"FORM 205B
(See sub- rule (4) of rule 44)
FINAL RETURN
( UNDER SECTION 63 OF THE GUJARAT VALUE ADDED TAX ACT, 2003)
For the period from 1/04/2017 to 30 /06/2017
Period: from 1/4/2017 to ..........................
Name of the registered dealer:
Address:
......................................................
PART I
Turnover of sales and purchases
Rs.
Output Tax
PART III
Input Tax
PART IV
Tax credit
(a) Under section 11(8A)(1)(of the goods held in stock as on 30/6/2017 and dealer opts for composition under the Gujarat Goods and Services Tax Act,2017)
PART V
Net tax payable
PART VI
Payment of tax
Annexure IV
Tax invoice issued in the period from No........................to No.................................
Retail invoice issued in the period from No......................to No.................................
Annexure V
Amount of Tax payable on account of Statutory forms not received till 30/6/2017 for the transactions of previous years
PART-VII
PAYMENT OF TAX
DECLARATION
I __________________________________ (Designation) _______________________ declare that the information given above is true and complete.
FORM 205C
APPENDIX TO FORM 205B
(See sub-rule (4) of rule 44)
Period: from 1/4/2017 to ......................
Additional information of business
Registration Certificate No._______________________
Name of the registered dealer: _______________________
Address : _______________________
Import/Export Code (if any) _______________________
Central Excise Registration No. _______________________
PAN _______________________
Electrical Energy Supply Service No _______________________
Capacity & Production:
Electricity
Fuel for Captive Power Plant
4. In the said rules, after Form 217, the following Form shall be inserted, namely:-
FORM 217A
(See sub-rule (5) of rule 44)
Audit Certificate under section 63 of Gujarat Value Added Tax Act, 2003
To
M/s.....................................
.....................................
1. I/We have verified correctness and completeness of the final return with reference to the books of accounts audited by me/us, and subject to my /our observations and comments mentioned hereunder state that ,-
(1) In my/our view the books of accounts and other value added tax related records and registers maintained by the dealer are sufficient for verification of correctness and completeness of the annual returns. The dealer has maintained and preserved the accounts and records as per the requirement of rule 45 of Gujarat Value Added Tax Rules, 2006.
(2) The gross turnover of sales declared in the final return includes all the transactions of the sales during the period of review.
(3) The gross turnover of purchases declared in the final return includes all the transactions of purchases made during the period of review.
(4) The adjustment to turnover of sales and/or purchases is based on entries made in the books of accounts during the period of review.
(5) The deductions from the gross turnover of sales, including deductions on account of goods return, claimed in the returns are in conformity with the provisions of the relevant Act.
(6) Computation of tax payable as shown in the final return is correct.
(7) Computation of input tax credit admissible in respect of purchases made during the period of review and adjustment to input tax credit claimed in the previous period is correct. The dealer has applied fair and reasonable method to determine input tax credit to the extent to which goods are sold, used, consumed or supplied or intended to be sold, used, consumed or supplied.
(8) Computation of incentive benefits (if any) is in conformity of the provisions of the Act in this regard.
(9) Other information required to be furnished in the final return is correct and complete.
2. For the purpose of verification of correctness and completeness of the final return, as well as for the preparation of statement of particulars, we have relied on-
1 Books of Accounts for the period ended .............................
2. Records / Registers relating to sales, purchases, stock, branch transfers, deductions, concessions. (List the records / registers verified)
3 ...............................................................
4 ...............................................................
The following are the major changes made during the period of review
(specify if any of the below or others) -
1) Changes in the business status.
2) Change in the method of valuation of stock.
3) Changes in the accounting system
4) ........................................................
Summary of the additional tax liability and / or additional refund due to the dealer, arising on verification of the value added tax final return together with the books of accounts and other related accounts mentioned herein above, for the period under review is as follows. -
1
2
3
4
5
6
7
5. The dealer has been advised to -
(i) Pay differential tax liability of Rs................ (Rupees.......................................... )
(ii) Pay interest liability upto the time of payment
(iii) Claim additional refund of Rs ................ (Rupees.......................................... )
(iv) Correct opening/ closing balance of incentive benefits of Rs ................ (Rupees..........................................)
By order and in the name of the Governor of Gujarat,
C. J. Mecwan
Joint Secretary to Government.