Rule 36 of Punjab VAT rules which deals with the filing of VAT returns has been amended w.e.f 18/05/2010 vide notification No . G.S.R. /P.A.8/2005/S.70/Amd.( )/2010. s. The second and third Proviso to Rule 36 (1) have been amended to provide that the monthly VAT returns are now required to be filed by only those dealers whose annual tax liability was Rs 2 Lakh or more in the previous Year and once the dealer’s annual tax liability exceeds Rs 2 lakhs he will continue to file his monthly VAT returns in Form VAT 16 for all the subsequent years irrespective of the fact that his annual tax liability becomes less than Rs 2 lakhs in the subsequent years.
Earlier the amended provisos before amendment provided that only those dealers whose annual gross turnover exceeded Rs 1 Crore were required to file their monthly VAT returns in Form VAT 16.
Now after the amendment a dealer will be required to file monthly return in form VAT 16 irrespective of what his gross annual turnover is, if his annual tax liability is Rs 2 lakhs or more in the previous year.
Sub Rule 1-A has also been added to rule 36 to provide for that the commissioner may specify such categories of persons to deposit tax payable by them under sub rule 1 of rule 36 and file consolidated return in such form as may be specified by commissioner from time to time.
We are reproducing the notification below for your ready reference.
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION II BRANCH)
The 18th, May 2010
No. G.S.R. /P.A.8/2005/S.70/Amd.( )/2010.—In exercise of the powers conferred by sub-section (1) of section 70 of the Punjab Value Added Tax Act, 2005 (Punjab Act No. 8 of 2005), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, further to amend the Punjab Value Added Tax Rules, 2005, namely;-
1. (1) These rules may be called the Punjab Value Added Tax (____________ Amendment) Rules, 2010.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
2. In the Punjab Value Added Tax Rules, 2005, in rule 36,-
(a) in sub-rule (1), for the second and third provisos, the following provisos shall be substituted, namely:-
“Provided further that a taxable person whose annual tax liability during the previous year was rupees two lakh or more, shall determined his tax liability for every month, and shall pay tax by the 20th day of the month, if paid through the crossed cheque or draft, and by the 30th day of the month, if paid through the treasury receipt, and shall submit the same to the designated officer, alongwith the information as required in Form VAT-16; and payment for the last month of each quarter shall be made on the 20th day or the 30th day of the close of quarter, as the case may be, alongwith with quarterly return. The return in Form VAT-15, shall be accompanied by photocopies of the treasury receipt, evidencing the payment of tax for the previous two months also:
Provided further that if the annual tax liability of a person exceeds rupees two lakh as stated in the second proviso, the taxable person shall continue to pay tax and furnish information as required in Form VAT-16 during all the subsequent year irrespective of the fact that his tax liability decreases from rupees two lakh.”; and
(b) after sub-rule(1), the following sub-rule shall be inserted, namely:-
“(1-A) Notwithstanding anything contained in sub-rule (1), the Commissioner may, for the reasons to be recorded in writing, specify such categories of persons, who will deposit tax payable by them as per provisions of sub-rule (1). However, such persons shall file consolidated return in such Form, as may be specified by the Commissioner from time to time.”
SHIVINDER SINGH BRAR,
Financial Commissioner, Taxation and
Secretary to Government of Punjab,
Department of Excise and Taxation.
Author: Amit Bajaj Advocate
Cell No 9815243335