18.Special provision for first and last return in certain cases and for dealers under the package scheme of incentives M. VAT RULES

 

18.Special provision for first and last return in certain cases and for dealers under the package scheme of incentives
 
(1) Where a dealer has become liable to be registered under this Act, the first return to be furnished by him shall be for the period from the appointed day, 1st April of the year, or as the case may be, from the date of event which makes him liable to pay tax to the end of the quarter containing the date of registration. He shall continue to file quarterly returns in respect of periods ending on or before the end of the year containing the date of effect of registration. The quarterly return shall be filed within twenty five days of the end of the quarter to which the return relates.
(In Rule 18, sub-rule (1) for the words “twenty five days” the words “twenty one days” are substituted and amended sub-rule (1) is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(1) Where a dealer has become liable to be registered under this Act, the first return to be furnished by him shall be for the period from the appointed day, 1st April of the year, or as the case may be, from the date of event which makes him liable to pay tax to the end of the quarter containing the date of registration. He shall continue to file quarterly returns in respect of periods ending on or before the end of the year containing the date of effect of registration. The quarterly return shall be filed within twenty one days of the end of the quarter to which the return relates.
(2) Where the business in which the dealer is engaged is discontinued or otherwise disposed off or has been transferred, then the last monthly or, as the case may be, quarterly return or six monthly return shall be for the period beginning with the first date of the month or, as the case may be, first date of the quarter or the first date of the six month period and ending with the date of the said discontinuance, disposal, or transfer of the business. The provisions contained in sub-rule (4) of rule 17 regarding the time in which monthly or quarterly or six monthly returns are to be filed shall apply to such return.
(In the above Sub-rule (2) the words “or the place of business is changed to a different local area” are deleted and for the words “transfer or change of place” the words “or transfer” are substituted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(3) (a) A dealer to whom a Certificate of Entitlement has been granted for the purpose of availing of incentives by way of exemption from payment of tax shall file a return in Form 209 for the period beginning with the first day of the month or, as the case may be, first day of the quarter or the first date of the six month period to the date immediately preceding the date of effect of the said certificate. Thereafter he shall file quarterly returns in Form 209 and accordingly the first return after obtaining the Certificate of Entitlement shall be filed from the date of effect of the said Certificate to the end of the quarter. The last return shall be for the period beginning with the first date of the quarter and ending with the date on which the said certificate ceases to be valid. The next immediate return shall be for the period commencing with the date immediately succeeding the date on which the said certificate ceases to be valid to the end of quarter. For the balance period of the year, if any, he shall file quarterly returns. The periodicity of the returns for the immediately succeeding year shall be decided in accordance with rule 17 and for this purpose the provisions contained in sub-rule (4) of rule 17 shall apply to such dealer as if the expression “tax liability” of the dealer included the cumulative quantum of benefits availed by the dealer in the year containing the date in which the certificate of entitlement ceases to be valid.
(b) The provisions contained in sub-rule (a) shall mutatis mutandis apply to a dealer to whom a Certificate of Entitlement by way of deferment of payment of tax has been granted.
(For the above rule 18(3)(a)&(b) following rule is substituted w.e.f. 01.04.2006 as per Notification no. VAT-1506/CR-5/Taxation-1, Dt.03.04.2006.)
(3) (a) A dealer to whom a Certificate of Entitlement has been granted for the purpose of availing of incentives by way of exemption from payment of tax, shall file, -
 (In Rule 18, sub-rule (3), in clause (a), after the words “Certificate of Entitlement” the brackets words and figures “(excluding the Certificate of Entitlement granted under the Power Generation Promotion Policy, 1998)” are inserted, and amended rule 3(a) is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(3)(a) A dealer to whom a Certificate of Entitlement (excluding the Certificate of Entitlement granted under the Power Generation Promotion Policy, 1998) has been granted for the purpose of availing of incentives by way of exemption from payment of tax, shall file, -
(i)   a return in a Form prescribed in rule 17 for the period beginning with the first day of the month or, as
the case may be, first day of the quarter or the first day of the six month period and ending with the
date immediately preceding the date of effect of the said certificate,
(ii) Thereafter he shall file quarterly returns in Form 224 and accordingly the first return after obtaining
the Certificate of Entitlement shall be filed from the date of effect of the said certificate to the end of
the quarter. If the dealer has executed any works contract or has transferred the right to use any
goods for any purpose or has part of the business under composition, then he shall notwithstanding
anything contained in sub-rule (4) of rule 17 also file a quarterly return in Form 223 in respect of such
activities in addition to the return in Form 224.
(iii)The last return shall be for the period beginning with the first date of the quarter and ending with the
date on which the said certificate ceases to be valid.
(iv) The next immediate return shall be for the period commencing on the date immediately succeeding
the date on which the said certificate ceases to be valid to the end of the quarter.
(v)    For the balance period of the year, if any, he shall file quarterly returns.
(vi)The periodicity of the returns for the immediately succeeding year shall be decided in accordance
with rule 17 and for this purpose the provisions contained in sub-rule (4) of rule 17 shall apply to such
dealer as if the expression “tax liability” of the dealer included the cumulative quantum of benefits
availed by the dealer.
      (b) The provisions of clause (a) shall mutatis mutandis apply to a dealer to whom a Certificate of
         Entitlement by way of deferment of payment of tax has been granted”.
      4.In the forms appended to the principal rules, after Form 214, the following forms shall be added and shall bedeem to have been added with effect from 1st April 2006, namely:-
Form 221
Form 222
Form 223
Form 224
Form 225
(The above rule 18 (4) is added w.e.f. 01.04.2006 as per Notification no. VAT-1506/CR-5/Taxation-1, Dt.03.04.2006.)