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The Gujarat Value Added Tax Act, 2003- Notifications
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Body Notification No.(GHN-05)VAR-2018(47)-TH Dated 19th January, 2018

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

Registration No.                      

Period: from 1/4/2017 to ..........................

Name of the registered dealer:

Address:

......................................................

......................................................

......................................................

PART I

Turnover of sales and purchases

Description Sales

Rs.

Purchases

Rs.

01 Total turnover.    
02 Deduct:    
02.1 Exempted from tax under section 5(1)    
02.2 Exempted from tax under section 5(2)    
02.3 Branch transfer or consignment to and from outside the State.    
(a) of the goods manufactured    
(b) other than (a) above    
02.4 Purchases not qualifying for tax credit as per section 11(8) read with section 11(5)    
02.5 Reduction as per item 37 of Annexure III    
02.6 Charges towards labour, service and other charges referred to in sub-clause (c) of  clause (30) of  section 2    
Total of (02.1) to ( 02. 6)    
03 Net Taxable Turnover (01-02 )    
PART II

Output Tax

Rate of tax. Commodity HSN Code Turnover excluding tax tax Additional tax Total Turnover including tax
1%

           
           
4%

           
           
12.5%

           
           
Other

           
           
Total        
04.1 Total tax .............
Tax payable on the purchases of taxable goods under section 9  
Rate of tax. Commodity HSN Code Turnover of purchases tax Additional tax
1 2 3 4 5 6
1%

         
4%

         
12.5%

         
Other

         
Total          
04.2 Total tax (Col. 5 + Col. 6) .............

PART III

Input Tax

Description Value of goods (Rupees)
05 Purchase of capital goods from registered  dealers  
06 Purchases of taxable goods other than capital goods from registered dealers.  
07 Purchases of taxable goods from a person other than registered  dealer.  
Total  
Calculation of input tax credit
Rate of tax. Commodity HSN Code Turnover of purchase Tax Additional tax
1 2 3 4 5 6
1%          
4%          
12.5%          
Other          
Total ( Col.5+Col.6)    
Tax payable on the purchases of taxable goods under section 9    
Tax paid under the Gujarat Tax on Entry of Specified Goods into Local Areas Act,2001 (Guj. 22 of 2001)    
08 Total    

PART IV

Tax credit

Description Amount (Rupees)
09 Tax credit brought forward from previous tax period  
10 Tax credit as per 8  
Total (9 + 10)  
Adjustment of tax on purchase as per Annexure II ( + )  
11 Gross tax credit  
12 Reduction in tax credit:  
12.1 Under section 11(3)(b)(i) (other than 12.2 below)  
12 2 Under section 11(3)(b)(ii) (of the goods manufactured)  
12.3 Under section 11(3)(b)(iii) (of fuels used for manufacture of goods)  
12.4 Under section 11(5) (for use in manufacture of goods exempted from tax under sections 5(1) and 5(2))  
12.5 Other reason

(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)

 
(b) Under section 11(8A)(2)(of the capital goods held as on 30/6/2017 and dealer opts for composition under the Gujarat Goods and Services Tax Act,2017)  
(c) On account of tax payable as per Annexure V  
TOTAL : [12.1 + 12.2 + 12.3+12.4+12.5 ]  
13 Net tax credit admissible (11 - 12)  

PART V

Net tax payable

Description Amount (Rupees)
14 The amount of tax payable as per 04.1  
15 Tax payable on the purchases of taxable goods under section 9 as per 04.2  
16 Total tax  
17 LESS:  
17.1 Adjustment of tax on sale as per Annexure I ( + )  
17.2 Remission under section 41  
17.3 Credit u/s. 59B(9) of the amount of tax deducted at source (enclose Form- 703)  
17.4 Adjustment of the amount deposited under section 22  
17.5 Net tax credit as per 13  
Total  
18 Net tax payable (16 - 17)  
19 Excess Amount of tax credit (18 - 17)  
20 Excess Amount of tax credit adjusted against CST  
21 Excess Amount of tax credit claimed as refund  
22 Amount of tax credit carried forward to the next tax period [19 - (20+21)]  

PART VI

Payment of tax

23 Amount payable Amount (Rupees)
23.1 Amount of tax payable as per 18 Rs.
23.2 Amount of interest. Rs.
23.3 Amount of penalty Rs.
Total Rs.
24 Amount paid Rs.
25 Amount outstanding Rs.
26 Amount paid in excess Rs.
Chalan No Date of payment. Bank/treasury in which amount paid. Rs.
       
       
       

Annexure I (in rupees)
Adjustment in sale as per Increase Decrease
27 Sub-section (1) of section 8    
27.1 Sub- clause (a) (sale cancelled)    
27.2 Sub- clause (b) ( alteration in consideration of sale )    
27.3 Sub- clause (c) (goods returned)    
28 Sub-rule (7) of rule 17 (pertains to transactions through commission agent)    
Total:    
29 Net of sale    
Adjustment in tax on sale    

Annexure II (in rupees)
Adjustment in purchase Increase Decrease
30 on account of credit note/debit note    
31 on account of goods on which right to use such goods is transferred as defined under sub-clause (d) of clause (23) of section 2.    
Total:    
32 Net of purchase    
Adjustment in tax on purchase    
Annexure III (in rupees)
Reduction Sales

Purchases
33 Sales/purchases as specified in sub-section (2) of section 5 of the Central Act. ( By way of transfer of documents of title)    
34 In the course of export/import out of country.    
35 Sales/purchases as specified in sub-section (3) of section 5 of the Central Act.    
36 In the course of interstate trade and commerce other than branch transfer or consignment.    
37   Total    

Annexure IV

Description of top 3 commodities dealt in during the tax period

1  
2  
3  

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

Sr. No. Year C Forms F Forms H/I Forms Total Tax Payable
Turnover for which Forms pending Difference tax payable Turnover for which Forms pending Difference tax payable Turnover for which Forms pending Difference tax payable (4+6+8)
1 2 3 4 5 6 7 8 9
                 

PART-VII

PAYMENT OF TAX

Month Amount Paid under Gujarat Value Added Tax Act,2003 Date of payment Amount paid under Central Sales Tax Act,1956 Date of Payment Total payment
April          
May          
June          
Other:          
           
           
           
           
           
           
Total          

DECLARATION

I __________________________________ (Designation) _______________________ declare that the information given above is true and complete.

Place: Signature
Date: Status

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:

(a) Capacity: Unit Quantity Value (Rupees)
Licensed Capacity        
Installed Capacity        
(b) Production:
Commodity: HSN Code Unit Value Total Value of Plant & Machinery:
         
         
         
         
         
         
Actual Production:  
No. of persons employed  
Electricity Consumer No.
Consumption(Annual)

Electricity

Fuel for Captive Power Plant

Unit Amount  
Reason for increase/decrease in Tax compared to previous year.    

  Signature and status

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. -

Sr. No. Particulars Amount as per return (Rs.) Amount as determined (Rs.) Difference (Rs.)

1

Value added tax payable under Gujarat V.A.T. Act, 2003      

2

Input Tax Credit claimed under section 11      

3

Input Tax Credit claimed under section 12      

4

Refund/Carried forward of Input Tax Credit as claimed in the final return.      

5

Computation of incentive benefits claimed      

6

Tax payable under C.S.T. Act, 1956      

7

Any other (Please specify)      

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..........................................)

Place: Signature
Date:. Name:
Enrolment/ Membership No.:

By order and in the name of the Governor of Gujarat,

C. J. Mecwan

Joint Secretary to Government.