“Stay compliant with Maharashtra’s Profession Tax Rules effective from 01/04/2023 onwards. Learn about the analysis of Rule 11, including returns, payments, and due dates. Explore the details of Form III, Form IIIB, and MTR-6 for electronic returns and payments. Whether your tax liability is under or over Rs. 1,00,000, understand the annual and monthly return requirements. Simplify your Maharashtra Profession Tax compliance with Prakasha & Co.’s comprehensive guide.”
RULE 11 Analysis of the Profession Tax Rule,1975:-
Returns and payment of tax by employers.-
Rule 11(1) : Every employee registered under the Act, shall pay the amount of tax due from him according to the return on or before the date prescribed for filing of such return.
Analysis: Registered person needs to comply with due dates of Return and PT Payments.
Rule 11(2) : The return or, as the case may be, revised return shall be in Form III. Such form shall be obtained from the prescribed authority. The registered employer shall furnish the same, duly filled in and signed by him or by a person authorized by him in this behalf, to-
(i) the treasury while making payment of the tax, interest or penalty due as per the return; and
(ii) the prescribed authority in any other case.
Analysis: Original/Revised Returns shall be in FORM-III can be download from portal.
Link for download template : https://www.mahagst.gov.in/en/form/5
Rule 11(2A) : The return or, as the case may be, revised return in electronic form shall be in Form III B and payment as per return shall be made by challan in MTR 6:
Provided that, such payment shall be made before uploading the said return on the website of Sales Tax Department.]
Analysis: Return Form will be “FORM-IIIB” and Challan will be “MTR-6”
(3) Every registered employer whose tax liability during the previous year or a part thereof-
(3) (a) [was less than Rs. 1,00,000] shall furnish an annual return on or before the 31st of March, of the year to which the return relates. Such return shall contain the details of the salaries and wages and the arrears, if any, paid and the amount of tax deducted by him in respect of the twelve months comprising of the month of March of the immediately preceding year and the eleven months from April to February of the year to which the return relates and the arrears, in respect of wages and salaries, if any, for any period prior to the said twelve months paid in such year:
Analysis: PT Liability < 1 Lakhs, shall furnish an annual return on or before the 31st of March, of the year to which the return relates.
(3) (b) : Omitted*************
(3) (c) [was Rs. 1,00,000 or more] shall furnish a monthly return on or before the last date of the month to which the return relates. Such return shall contain the details of the salaries and wages and the arrears, if any, paid and the amount of tax deducted by him in respect of the month immediately preceding the month to which the return relates and the arrears, if any, for any period preceding such month.
Analysis : Liability > 1 Lakhs, shall furnish a Monthly return on or before the last date of the month to which the return relates.
For Example:
An employer pays to his employees salary or wages for the month of April on a date during the same month or the succeeding month i.e. May. This payment shall be shown in the return for May to be furnished on or before the 31st of May. But if the employer pays to his employee salary or wage for the month of April in June, he may account for the said salary or wage in the return for the month of June to be furnished on or before the 30th June. In other words, he shall account for the salary or wage in the return that he will furnish next after he makes payment of that salary or wage to the said employee.
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