CA Bharat Vyas
Section 20 of Maharashtra Value Added Tax Act directs every dealer to file complete and self consistent returns. Rules 17 & 18 deal with forms and periodicity of return, summary of which is as follows:-
|To be Filed by||Form No.||Periodicity|
|1) Oil Companies and any other dealer effecting sales of motor spirits||235||
Refer explanation 1 below.
|2) Dealer holding an entitlement certificate and enjoying tax benefit under package scheme of incentives||234|
|3) Dealers who are fully or partially in the business of works contract and/or leasing||233|
|4) All dealers not falling within the categories 1 to 4||231|
|5) CST returns in all cases||III (E)|
|6) Dealers who are covered under the composition scheme except works contract composition scheme||232||Refer explanation 2 below.|
|7) Return for tax deducted at source under the act||424||Yearly|
Periodicity and due date for filing of returns by the dealers in categories 1 to 5 is determined as per following table:-
|Period||Periodicity determination criteria||Due date of Payment / Return|
|1) In case of 1st Year||(a)||From 1st day of April of the year or from the date of event dealer becomes liable to pay tax till the end of quarter in which the certificate of registration is granted||Within 21 days from the end of the quarter.|
|(b)||Thereafter quarterly||As above|
|2) In case of subsequent year||(a)||If tax liability during the previous year exceeded Rs. 10 lakhs or refund during the previous year exceeded Rs. 1 crore.||MonthlyWithin 21 days from the end of every month.|
|(b)||If tax liability during the previous year is between Rs. 1,00,001 to Rs. 10 lakhs or refund during the previous year is between Rs. 10,00,001 and Rs. 1 crore.||QuarterlyWithin 21 days from the end of every quarter.|
|(c)||Cases not covered in (a) & (b) above||Six MonthlyWithin 21 days from the end of six months.|
|3) In case of the last year||(a)||Returns as per 2 above||Depends upon previous year liability.|
|(b)||Last return from the first day of month, quarter or half year as the case may be till the date of closure discontinuation of business.||Depends upon previous year liability.|
|4) Dealers covered under composition scheme
Depends upon previous year liability.
|(d)||Dealer of second hand motor vehicles|
|5) For other types of Dealers||(a)||Motor spirit dealer|
|(b)||Certificate of entitlement dealer||Quarterly|
|(c)||Any other dealer||Depends upon previous year liability.|
|6) Return of tax deducted at source||Within three months from the end of relevant financial year||Payment to be made within 21 days from end of month in which tax is deducted|
Note:- An additional time of 10 days is granted for e filing of returns from the respective dates prescribed above only if the payment is made within due date (refer trade circular no. 16T of 2008, 1T of 2009 & 7T of 2012).
Relevant Trade Circulars:-
1) 6T of 2009:- E filing is mandatory for all type of
2) 15T of 2009 and 20T of 2014:- It is not mandatory to file return under CST act if there are no OMS sales or other transactions effected during the concerned
3) 19T of 2010:- The dealers are required to file their returns as per Periodicity displayed on website for 2010-2011 [Also refer Rule 17(4)(e)]
5) 19T of 2012:- If due date of filing of return falls on Sunday or any state holiday it will be shifted to immediately next working
SECTION 20(4) : REVISED RETURN
(a) Dealer can file revise return on suo-moto basis within 10 months from the end of the year in which the period of revised return is covered or before the notice for assessment is issued, whichever is
(b) As a consequence to MVAT Audit, a revise return is required to be filed, it can be filed within 30 days from due date of filing audit report. A single revised return for the year can be furnished w.e.f. 1-5-2013.
(c) Dealer can file revised return upon issue of intimation from the Department within 30 days from receipt of such intimation. A single revised return for the year can be furnished w.e.f. 1-5-2013.
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