MVAT: Extension of due date for Submission of Audit Report for year 2007-08 with conditions

No. VAT/ AMD-1008/IB/ ADM-06 Mumbai Dt: 23rd January, 2009

Trade Cir. 3 T of 2009

Sub : Submission of Audit Report for year 2007-08.

Ref. :
1. Government Notification No. VAT-1508/C.R. -69/ Taxation-1 dated 10th November, 2008.
2. Trade Circular 39 T of 2008 No. VAT/ AMD-1008/IB/ ADM-06 dated 15th November, 2008.
3. Trade Circular 41 T of 2008 No. VAT/ AMD-1008/IB/ ADM-06 dated 18th November, 2008.
4. Representations received from Trade and Associations.

Gentlemen/Sir/ Madam,

You are aware that the existing Form-704 of Audit Report is replaced by a New Form-704. Representations have been received about the difficulties likely to be faced in filling up the Audit Report in New Form-704. Considering these representations, a Trade Circular cited at Ref.-3 above was issued. By this Trade Circular an option was given to the dealers to submit Audit Report either in Old or in New Form-704. However, in the intervening period some time was lost due to which the Auditors did not, in some cases, prepare the Audit Report. The Sales Tax Practitioners Association of Maharashtra and various Trade Associations have now requested to extend the due date for submission of Audit Report in respect of the period 2007-08. The due date for filing Audit Report for period 2007-08 is 31st January, 2009.

2. It has now been decided on administrative grounds to provide a concession for submission of Audit Report in respect of the period 2007-08 up to 2nd March, 2009 subject to fulfillment of certain conditions.

3. The concession to file Audit Report during the extended period will be available only to those dealers, who along with Audit Report in Form-704 submit copy of an acknowledgement (duly signed by a person authorized to sign the returns) of enrollment with the Sales Tax Department for availing various e-services including filing of electronic return. For availing these e-services it is mandatory for the dealers to get enrolled with the Department’s web-site i.e. www.mahavat. gov.in. In other words this concession is applicable only to those dealers who submit the copy of the acknowledgement (duly signed by a person authorized to sign the returns) along with the Form-704.

4. Needless to state that all those dealers who do not submit an acknowledgement along with the Form-704, but file the Audit Report after 31st January, 2009 shall be treated as late filers of the Audit Report and may attract the penalty as per provisions of section 61.

5. A separate Trade Circular is being issued which explains the procedure for enrollment with the Department’s web-site. The dealers are requested to follow the instructions given in that Trade Circular.

7. In Mumbai form 704 will be accepted in the office of Joint Commissioner of Sales Tax (Business Audit)1, 5th floor, New Building, Vikrikar Bhavan, Mazgaon, Mumbai 400 010.

8. In areas other than Mumbai, form 704 will be accepted in the office of the respective Joint Commissioner of Sales Tax (Adm). In the places where the office of the Joint Commissioner of Sales Tax is not located, it will be accepted in the office of the Deputy Commissioner of Sales Tax (Adm) or Assistant Commissioner of Sales Tax (Adm), as the case may be.

9. This circular cannot be made use of for legal interpretation of provisions of law as it is clarificatory in nature. If any member of the trade has any doubt, he may refer the matter to this office for further clarification.

10. You are requested to bring the contents of this circular to the notice of the members of your association.

Yours faithfully,
(Sanjay Bhatia) Commissioner of Sales Tax
Maharashtra State, Mumbai.