Office of the Commissioner of Sales Tax, Vikrikar Bhavan, 8th floor, Room No.831, Mazgoan, MUMBAI-400010
TRADE CIRCULAR No. Build-Devep/ Adm.Relief.06-10/Adm-8 Mumbai, Date 04.01.2013
(Trade Cir. 1 T of 2013)
SUB: Non levy of penalty for filing of Audit report by developers.
Ref. : Trade Circular 14T of 2012 Dt. 6th August 2012.
Sir/ Madam,
BACKGROUND:
1. Trade Circular 14T of 2012 was issued on 06 August, 2012 to guide developers for obtaining registration, availing administrative relief for unregistered period, filing of returns and Audit Report u/s 61 for the periods starting from 20/06/2006.
In the Trade Circular 14T 2012 Dt. 6th August 2012, it has been mentioned that the Administrative relief was available to the developers if they apply for registration under the MVAT Act, 2002 and make payment of due taxes on or before 161” August 2012 and 31st August 2012 respectively. Further it was mentioned that the developer who files the Audit Report u/s 61 in Form No. 704 for all the periods up to 2011-12 on or before 30th November, 2012, shall not be subjected to penalty u/s 61 (2) of the MVAT Act, 2002.
2. Hon’ble Supreme Court through its interim order Dt. 28/08/2012 had extended the last date for obtaining registration to 15th October 2012 and that of due tax payment to 31th October 2012, in case of the developers. A Trade Circular 17T of 2012 Dt. 25/09/2012 was also issued to give effect to the order. In view of this extension, various representations were made by developers and associations to extend the date of submission of Form 704.
3. The due date for submission of Audit Report in form 704 for all dealers was 30′h November 2012 for the year 2011-12. This has been extended upto 15th January 2013 vide Notification No. VAT-1512/ CR-139/Taxation-1 dated 21st November 2012.
4. The Government has examined the issue and decided that the developers who have obtained registrations up to 15th October 2012, filed returns, paid taxes due up to 31th October 2012 for all the past periods as per Hon’ Supreme Court interim order Dt. 28/08/2012 and who file the audit report in Form 704 for all the previous periods i.e. 2006-07 to 31-03-2012, on or before 15th January 2013 shall not be subjected to the penalty u/s 61(2) of MVAT Act, 2002.
5. Needless to mention that the aforementioned decision shall not apply to developers who have not obtained registration or not filed returns along with payment of taxes as per Hon’ Supreme Court interim order Dt. 28/08/2012.
6. The Audit Report u/s 61 in Form No. 704 for all the periods up to 2011-12 is to be filed electronically.
7. In case of difficulties, the dealers are requested to approach the concerned Joint Commissioner of Sales Tax.
8. 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.
You are requested to bring the contents of this circular to the notice of all the members of your association.
(Sanjay Bhatia)
Commissioner of Sales Tax Maharashtra State, Mumbai.
