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VAT2007-20

NOTIFICATION

No. FD 165 CSL 07, Bangalore, dated: 16.05.2007.
Karnataka Gazette, Extraordinary, 16.05.2007
 
The draft of the following rules further to amend the Karnataka Value Added Tax Rules, 2005 which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of section 88 of the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) is hereby published as required by the said sub-section for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette.
 
Any objection or suggestion, which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government.  Objections or suggestions may be addressed to the Principal Secretary to the Government, Finance Department, Vidhana Soudha, Bangalore - 560 001.
DRAFT RULES

1. Title and commencement.- (1) These rules may be called the Karnataka Value Added Tax (Amendment) Rules, 2007.

            (2) They shall be deemed to have  come into force with effect from the first day of April, 2007.

2. Amendment of rule 3.- In the Karnataka Value Added Tax Rules, 2005 (hereinafter referred to as the said rules), in rule 3,

            (1)in sub-rule (2),

(a)in clause (i-1), after the words “amounts paid”, the words “or payable” shall be inserted;

(b)for Explanation-I, the following Explanation shall be substituted, namely:-

Explanation-I:-  In  the case of a dealer executing works contract, in determining the taxable turnover during any tax period, the  deduction under clause (l) shall be allowed  so that such deduction is proportionate to the value of goods, the property in which has been  transferred in the execution of works contract in that period, and if the total turnover is not sufficient to cover apart from other deductions, such taxable turnover and such deduction, they shall be determined and allowed proportionately to the extent of the turnover of the dealer in that period, and the balance shall be carried forward to the following tax period or any subsequent tax period to be determined and allowed in the same manner.”;

            (2)in sub-rule (3), for clauses (b) and (c), the following shall be substituted, namely:-

            “(b)Notwithstanding anything contained in clause (b) of sub-rule (1) and sub-rule (2), the total turnover of such dealer in respect of sale of such goods where the sale has taken place inside the State, shall be,

            (i)the aggregate of the maximum retail prices of the goods sold, where such maximum retail prices are exclusive of tax payable under the Act  and all amounts collected by way of tax under the Act, or

            (ii)the aggregate of the maximum retail prices of the goods sold, where such retail prices are   inclusive of tax payable under the Act, and the taxable turnover in respect of such sales shall be determined by allowing deductions specified in clauses (d), (h) and (i) of sub-rule (2) from the total turnover.

            (c)The tax invoice issued by such dealer shall contain the details of maximum retail price of the goods including whether such retail price is inclusive or exclusive of tax payable under the Act, in addition to the details prescribed in rule 29.”

3. Amendment of rule 20.- For rule 20 of the said rules, the following shall be substituted, namely:-

“20. A dealer, whose registration is cancelled in accordance with the above rules, and who has made  deductions for the input tax paid on all the taxable goods in his possession, shall be liable to repay such input tax deducted and such amount repayable shall be calculated on the prevailing market price of the goods on the effective date of cancellation of the  registration of such dealer.”

4. Substitution of rule 27.- For rule 27 of the said rules, the following shall be substituted, namely:-

“27. (1)Every registered dealer shall issue a tax invoice, when he sells taxable goods or exempt goods along with any taxable goods where the value of the goods sold is in excess of one hundred rupees, as specified in section 29.

            Provided that a consolidated tax invoice shall be prepared by the dealer at the close of each day in respect of all sales whose value does not exceed one hundred rupees.

Provided further that where the purchaser so requires, a tax invoice may be issued irrespective of the value of the goods sold.

            (2) Notwithstanding anything contained in sub-rule (1) and rule 29, every registered dealer executing a civil works contract shall issue in duplicate,  tax invoice or where he has opted to pay tax by way of composition under section 15 a bill of sale,-

(a) at the time of receipt of any amount including an amount paid as advance falling under Explanation to sub-rule(1) of rule 3; or

(b) on the date on which any amount including an amount as advance falling under Explanation to sub-rule(1) of rule 3 is payable as per the agreement entered into by him for executing such works contract; 

as the consideration for transfer of property in goods involved in the execution of such works contract whichever is earlier and  the original of such tax invoice or bill of sale issued shall be delivered to the person paying such amount or liable to make such payment and the copy thereof retained by the registered dealer.”

 

5. Amendment of rule 29.- Rule 29 of the said rules shall be renumbered as sub-rule (1) thereof, and,-

(1)after the proviso to the sub-rule (1) as so renumbered, the following shall be inserted, namely:-

            “Provided further that where a dealer or his agent has  a Digital Signature Certificate issued to him as provided under the Information Technology Act, 2000(Central Act 21 of 2000) shall be permitted to affix his digital signature in the manner as prescribed under the rules made by the Central Government in this regard, on the tax invoices issued by such dealer after informing the jurisdictional Local VAT Office or VAT Sub-office before commencement of issue of tax invoices with such digital signature and the person authorized to affix such digital signature along with the copy of the digital signature certificate.”;

            (2)after sub-rule (1) as so renumbered, the following  shall be inserted, namely:-

“(2) A tax invoice issued by a registered dealer executing a civil works contract shall contain the following details, namely:-

(i)    a consecutive serial number;

(ii)   the date of its issue;

(iii)  the name, address and registration number (TIN) of the dealer;

(iv)  the name and address of the contractee (if registered, his TIN);

(v)  brief description of the works contract being executed and date of its commencement;

(vi)  the amount of total consideration payable for works contract being executed and the amount already paid or payable with serial number/s and date/s of tax invoice/s issued towards such amount;

(vii) the total amount paid or payable as per sub-rule (2)of rule 27(any amount paid or payable other than as consideration for transfer of property in goods involved in the execution of such works contract may be mentioned separately with brief description of the nature of such amount and if it is part of any lumpsum paid or payable then the basis on which it is apportioned);

(viii) the taxable amount (taxable amounts with different tax rates shall be mentioned separately);

            Provided that where the works contract being executed is not complete  and the  registered dealer is unable to compute correctly the taxable amount as per rule 3 for the purpose of issue of any tax invoice, then such dealer shall immediately after commencement of the works contract or within thirty days from the date of notification of Karnataka Value Added Tax (Amendment) Rules, 2007 whichever is later, file a statement to the jurisdictional Local VAT Office or VAT sub-office declaring the basis on which such taxable amount would be computed till the completion of the works contract.

             Provided further that where it is found on the basis of any information available that the taxable amount as calculated by any  dealer in any tax invoice issued is less than the actual taxable amount by more than fifteen per cent or a dealer has failed to issue a tax invoice though required to do so, then any officer authorized under section 38 or 39 shall provisionally determine, the actual taxable amount and require such dealer to issue tax invoices based on such amount or the date on and the amount for, which the tax invoice should have been issued, after giving opportunity of being heard to him.

            Provided also that where default is made in complying with any order made under the second proviso or where tax invoice has not been issued on the date determined under second proviso, the amount of tax payable on the taxable amount as determined  shall be deemed to be the tax due under section 42 of the Act.

(ix)the rate and amount of tax charged on taxable amount or amounts;

(x) signature of the dealer or his agent.”

 

6. Amendment of rule 30.- In rule 30 of the said rules,-

(1)in sub-rule(1), the following provisos  shall be inserted, namely:-

            “Provided that a consolidated bill of sale shall be prepared by the dealer at the close of each day in respect of all sales whose value does not exceed one hundred rupees.

Provided further that where the purchaser so requires, a bill of sale may be issued irrespective of the value of the goods sold.”;

(2)after sub-rule(2), the following sub-rule shall be inserted, namely:-

“(2-a)A bill of sale issued by a registered dealer executing a civil works contract shall contain the following details, namely:-

(i)    a consecutive serial number;

(ii)   the date of its issue;

(iii)  the name, address and registration number (TIN) of the dealer;

(iv)  the name and address of the contractee (if registered, his TIN);

(v)  brief description of the works contract being executed and date of its commencement;

(vi)  the amount of total consideration payable for works contract being executed and the amount already paid or payable with serial number/s and date/s of bills of sale issued towards such amount;

(vii) the total consideration paid or payable as per sub-rule (2)of rule 27(any amount paid or payable other than as consideration for the execution of such works contract may be mentioned separately with brief description of the nature of such amount and if it is part of any lumpsum paid or payable then the basis on which it is apportioned);

Provided that where it is found that the total consideration as calculated by any  dealer in any bill of sale issued is less than the actual amount of total consideration by more than fifteen per cent on the basis of any information available or a dealer has failed to issue a bill of sale  though required to do so,   then any officer authorized under section 38 or 39 shall provisionally determine the actual total consideration and require such dealer to issue bills of sale based on such amount or the date on and the amount of total consideration for, which the bill of sale should have been issued, after giving opportunity of  being heard to him.

            Provided further that where default is made in complying with any order made under the first proviso or where bill of sale has not been issued on the date determined under second proviso, the amount of composition payable on the total consideration as determined  shall be deemed to be the tax due under section 42 of the Act.

            (viii)the composition amount charged on the total consideration;

(ix) signature of the dealer or his agent. ”

 

7. Amendment of rule 33.- In rule 33 of the said rules, for sub-rule(3), the following shall be substituted, namely:-

“(3) (a) Every dealer shall maintain a VAT account containing details of input and output tax, together with credit and debit notes issued during any tax period.

        (b) Every registered dealer belonging to a class of dealers as may be notified by the Commissioner, but other than a dealer opting to pay tax by way of composition under section 15, shall enter the details of,

(i)purchases made within the State from other registered dealers in respect of which he is eligible to claim deduction of input tax; and

(ii)sales made to other registered dealers in the State,

in the individual account provided to him in the website notified by the Commissioner, in the manner specified in the notification issued, and obtain from the website an acknowledgement of such an entry . ”

 

8. Amendment of rule 34.- In rule 34 of the said rules,-

(1)in sub-rule (1), after the words “Chartered Accountant”, the words “or a Cost Accountant” shall be inserted;

(2)in sub-rule (3), the following proviso shall be inserted, namely:-

“Provided that the statement in Form VAT 240 for the year ending 31st March, 2007 shall be in the form as substituted in the Karnataka Value Added Tax (Amendment) Rules, 2007.”

 

9. Amendment of rule 38.- In rule 38 of the said rules,-

(1)in sub-rule (1), after the words “tax due”, the words “and entry of details of his purchases in respect of input tax claimed, in the individual account provided to him in the website notified by the Commissioner , in the manner specified in the notification issued under clause (b) of sub-rule(3) of rule 33” shall be inserted;

 (2) for sub-rule (8),  the following shall be substituted, namely:-

“(8) Every registered dealer shall submit a statement relating to his registration in Form VAT 6 along with the return in Form VAT 100 submitted in respect of the last month of that year in which there is a change in the details of his registration.”

 

10. Amendment of rule 44.- In rule 44 of the said rules,-

            (1)in sub-rule (2),-

            (a)in clause (a), after the word, letter and figures “Form VAT 126”, the words, letters and figures “and every registered dealer deducting tax under section 18-A shall submit a monthly statement in Form VAT 127” shall be inserted;

            (b)in clause (b), after the word and figures “section 18”, the words, brackets, figures and letter  “or sub-section (4) of section 18-A” shall be inserted;

           

(2)in sub-rule (3),-

            (a) in clause (a), after the word, letters and figures “Form VAT 158”, the words, figures and letters “and in section 18-A shall be in Form VAT 161” shall be inserted;

            (b)in clause (b), after the word, letters and figures “Form VAT 158”, the words, letters and figures “or Form VAT 161” shall be inserted;

            (c)in clause (d), after the word, letters and figures “Form VAT 159”, the words, letters and figures “and every registered dealer issuing certificates in Form VAT 161 shall maintain for each year separately, an account in Form VAT 162” shall be inserted; 

            (d)in clause (e),-

            (i)after the word, letters and figures “Form VAT 158”, the words, letters and figures “or Form VAT 161” shall be inserted;

            (ii) after the word, letters and figures “Form VAT 159”, the words, letters and figures “or Form VAT 162” shall be inserted;

            (e)in clause (f),  after the word, letters and figures “Form VAT 158”, the words, letters and figures “or Form VAT 161” shall be inserted;

            (f)in clause (g), after the word, letters and figures “Form VAT 158”, the words, letters and figures “or Form VAT 161” shall be inserted;

            (g)in clause (h),-

(i) after the word, letters and figures “Form VAT 159”, the words, letters and figures “or Form VAT 162” shall be inserted;

            (ii)after the word, letters and figures “Form VAT 158”, the words, letters and figures “or Form VAT 161” shall be inserted.

 
11. Amendment of rule 55.- In rule 55 of the said rules, in clause (6), for the word and figures “Rule 54”, the word and figures “Rule 56” shall be substituted.
 
12. Amendment of rule 90.- In rule 90 of the said rules, for the words “sale taxes places”, the words “sale takes place” shall be substituted.
 
13. Amendment of rule 127.-  In rule 127 of the said rules, after sub-rule (1), the following proviso shall be inserted, namely,-

“Provided  that a dealer who fails to enter, the details of his purchases in respect of input tax claimed and sales made to other registered dealers in the State, in the individual account provided to him in the website notified by the Commissioner, in the manner specified in the notification issued under sub-rule(3) of rule 33 shall not be eligible to make the adjustment as provided above.”

 
14. Amendment of rule 128.- In rule 128 of the said rules, after sub-rule (1), the following proviso shall be inserted, namely,-

Provided that a dealer who fails to furnish the proof of entry of details, of his purchases in respect of input tax claimed and sales made to other registered dealers in the State, in the individual account provided to him in the website notified by the Commissioner, in the manner specified in the notification issued under clause (b) of sub-rule(3) of rule 33 along with the return submitted by him under sub-rule (1) of rule 38 shall not be eligible for refund as long as  it is not furnished.”

 

15. Insertion of new rule 130-A.- After rule 130 of the said rules, the following shall be inserted, namely:-

“ 130-A.(1)Any registered dealer being  a developer of any special economic zone or an unit located in any special economic zone shall be eligible for refund  of tax paid on any inputs purchased by him or deduction of such tax from the output tax payable by him as specified in sub-section (2) of section 20, subject to the following conditions, namely:-

(a)If such inputs are purchased for the purpose of development, operation or maintenance of the processing area in a special economic zone;

(b)If such inputs are purchased for the purpose of setting up, operation or maintenance of an unit in the processing area of a special economic zone;

(c)If such inputs are purchased for use in manufacture, trading, production, processing, assembling, repairing, reconditioning, re-engineering or packing in an unit located in the processing area of any special economic zone.

            (2) The refund or deduction of tax under this rule shall be allowed on the goods actually used in the processing area of a special economic zone for the authorized operations as specified and if,-

(a) such goods are resold within the State or any goods manufactured or processed out of such goods are sold within the State, then tax shall be payable by the registered dealer on such sales without any deduction of input tax paid earlier, and

(b) such goods are put to any use other than for the authorized operations as specified, then the entire input tax refunded on such goods shall be repayable by the registered dealer . 

(3) The registered dealer claiming refund or deduction under this rule shall, claim refund or seek adjustment of tax paid on the goods purchased by him towards any output tax payable by him, in the return made under rule 38 along with a statement giving the details of each purchase made by him and the purpose for which it was purchased and the expected time in which it would be put to use.

            (4) The refund under this rule claimed, if any shall be refunded by the jurisdictional Local VAT Office or VAT sub-office,   within thirty five days after the end of the month to which the return relates if it is furnished within the time specified under Section 35 of the said Act or within fifteen days from the date of filing of the return if it is filed after the time specified, in the manner prescribed under rule 128 and interest shall be paid for any delay in the refund as specified under section 50.

(5) The registered dealer not putting to use the goods on which he has claimed if anyor deduction of tax on his purchase within the expected time declared by him under sub-rule (4), shall seek extension of such time by a period not exceeding more than ninety days from the jurisdictional Local VAT Office or VAT sub-office and where he does not put to use the goods within such extended time he shall be liable to repay entire input tax refunded or deducted on such goods.”

 
16. Amendment of rule 131.-  In rule 131 of the said rules, in clause (4), for the item (b), the following shall be substituted, namely:-

            “(b) “total sales” means total turnover less.-

            (i)the amount specified in clause (a) of sub-rule (1) of rule 3;

            (ii)the deductions specified in clause (e) of sub-rule (2) of rule 3

            (iii)the aggregate of sale prices received or receivable in respect of subsequent sale in the course of inter-State trade or commerce of any goods purchased in the course of inter-State trade or commerce during their inter-State movement;

            (iv)the aggregate  of sale prices received or receivable in respect of sale in the course of export out of the territory of India of any goods purchased in the course of export; and

            (v) the aggregate  of sale prices received or receivable in respect of sale in the course of import into the territory of India of any goods purchased in the course of export.”

 
17. Amendment of rule 133.- In rule 133 of the said rules, in sub-rule (3), for the words “pay tax”, the words “repay input tax deducted in respect of such capital goods and such amount repayable shall be” shall be substituted.
 
18. Amendment of rule 138.- In rule 138 of the said rules, in clause (5), after the words “any quarter”, the words “and a statement relating to his registration in Form VAT 6 along with the quarterly return submitted in respect of the last quarter of that year in which there is a change in the details of his registration” shall be inserted.
 

19. Amendment of rule 139.- In rule 139 of the said rules,

            (1)in clause (3), after the words “his sales”, the words “where he is a dealer falling under clause (c) of sub-section (1) of section 15” shall be inserted;

            (2)after clause (3), the following clause shall be inserted, namely:-

            “(3-1) be eligible to deduct any amount collected as tax under clause (3) from the total consideration for the works contracts executed on which he is liable to pay tax, by way of composition;”;

(3)in clause (5), after the words “any month”, the words “and a statement relating to his registration in Form VAT 6 along with the monthly return submitted in respect of the last month of that year in which there is a change in the details of his registration” shall be inserted.

 
20. Amendment of rule 140.- In rule 140 of the said rules, in clause (5), after the words “any quarter”, the words “and a statement relating to his registration in Form VAT 6 along with the quarterly return submitted in respect of the last quarter of that year in which there is a change in the details of his registration” shall be inserted.
 
21. Amendment of rule 146.- In rule 146 of the said rules, after the words “whose certificate”, the word “in” shall be inserted.
 
22. Insertion of new rule 158-A.- After rule 158 of the said rules,  the following shall be inserted, namely:-

“158-A.Every consignor, consignee and a person receiving custody of goods for transportation liable for tax under the Act, shall,

     (i) immediately before commencement of the movement of the vehicle carrying such

     goods from a place in the State  to a destination outside the boundaries of the State, or

     (ii) before entry of any vehicle carrying such goods from any place outside the State into the 

     State, enter details in respect of consignor, consignee, place of departure, final destination, registration number of the goods vehicle, journey route, entry point into the State, exit point if goods is in transit through the State, probable date and time of entry into the State, brief description of the goods and value of the goods, in the website notified by the Commissioner.

            Provided that after the commencement of movement of the vehicle carrying the goods specified in clause (i) or after the entry of the vehicle carrying the goods specified in clause (ii), such goods are transferred to another vehicle within the State boundaries for further transportation, then the transporter who has the custody of the goods shall enter the details specified in this rule in the website afresh, before the commencement of the onward movement of the latter vehicle.”

 
23. Omission of Part X and rules 163, 164 and 165.- Part X and the rules 163, 164 and 165 shall be omitted.
 

24. Amendment of rule 172.- In rule 172of the said rules,-

(1) in sub-rule (1), after the words “full address”, the words “and his registration number(TIN)” shall be inserted;

(2) in sub-rule (3), after the words “comply with”, the words, brackets and figure “sub-rule (1) or” shall be inserted.

 
25.Amendment of rule 174.- In rule 174 of the said rules, for the word and figures “Rule 172”, the word and figures “Rule 173” shall be substituted.
 
26.Amendment of rule 175.- In rules 175 of the said rules, for the words “and the”, the words “or the” shall be substituted.
 
27.Amendment of Form VAT 6.- In Form VAT 6 of the said rules,-

(1) for the word, figures and bracket “Rule 38(8)”, the words, figures and brackets “Rules 38(8), 138 (5), 139(5) and 140(5)” shall be substituted;

(2)  for the words in brackets “every year”, the words “the relevant year” shall be substituted.

 
28. Amendment of Form VAT 100.- In  Form VAT 100 of the said rules,-

(1) for the entries relating to box numbers 7.2 to 7.4, the following shall be substituted, namely:-

“ 7.2 Taxable turnover of inter-State sales against C  Forms at 3% tax

   7.3 Taxable turnover of inter-State sales without C Forms at 4% tax

   7.4 Taxable turnover of inter-State sales without C Forms at 12.5% tax ” ;

(2) after Annexure II including the notes, the following shall be inserted, namely:-

 

“ Annexure III

Details of purchases including receipts and sales including stock

transfers for the month / quarter ……………..

1.Purchases and receipts by way of consignment / stock transfer:-
Sl.No.
Description of goods
Net value
Amount of VAT paid
1.
     
2.
     
3.
     
4.
     
5.
     
6.
     
7.
     
8.
     
9.
     
10.
     
2.Sales and disposals by way of consignment / stock transfer:-
Sl.No.
Description of goods
Net value
Amount of VAT / CST paid (specify)
1.
     
2.
     
3.
     
4.
     
5.
     
6.
     
7.
     
8.
     
9.
     
10.
     
Note: The above information shall be furnished by all dealers in respect of all major commodities (not exceeding ten) dealt by them.”
 
29.Amendment of Form VAT 115.- In  Form VAT 115 of the said rules, for the entries relating to box numbers 7.2 to 7.4, the following shall be substituted, namely:-

“ 7.2 Taxable turnover of inter-State sales against C  Forms at 3% tax

   7.3 Taxable turnover of inter-State sales without C Forms at 4% tax

   7.4 Taxable turnover of inter-State sales without C Forms at 12.5% tax ” ;

 

30. Amendment of Form VAT 120.- In Form VAT 120 of the said rules,

            (1)in item 2.1, the words “Total consideration in the period” shall be omitted;

            (2)for the entries relating to item 4, the following shall be substituted, namely:-

            4.For works contractors

 
Particulars
Amount (Rs.)
4.1 Total consideration relating to works contract including any value of goods sold other than in the execution of works contract  
Less: 4.2 Sub-contractors’ payment  

4.3 Value of goods purchased  / obtained / from outside the State / Country and transferred  in the  execution of works contract

 

4.4 Value of goods sold other than in the execution of works contract

 
4.5 Amount of tax collected  
4.6 Balance total consideration  
 
Sl. No. Classification Rate Amount (Rs.) Tax (Rs.)
4.7 Total consideration relating to works contract (refer Box 4.6) 4%    
4.8 Value of goods sold other than in the execution of works contract (refer Box 4.4) 4%    
4.9 Value of goods sold other than in the execution of works contract (refer Box 4.4) 12.5%    
4.10 Sale value of goods purchased / obtained from outside the State / Country (refer Box 4.3) 4%    
4.11 Sale value of goods purchased / obtained from outside the State / Country (refer Box 4.3) 12.5%    
4.12 URD purchase liable to tax under section 3(2) 4%    
4.13 URD purchase liable to tax under section 3(2) 12.5%    
4.14 Total      
 
31. Insertion of new Form VAT 127.- After Form VAT 126 of the said rules, the following new form shall be inserted, namely:-

FORM VAT 127

[See rule 44 (2)(a)]

Monthly statement of tax deducted at source under section 18-A  for the month of ………..

  1. Name and address of the registered dealer deducting tax    :
  2. Registration Certificate No.            (TIN) :
  3. Description of the goods purchased in respect of which tax is deducted
  4. Total amount payable (on which tax is charged by the seller in the tax invoices) in respect of the above goods by the registered dealer during the month
  5. Total amount of tax payable (as charged in th tax invoices by the seller)
  6. Amount of tax deducted at source at ……..%
  7. Details of remittance
    • Challan No. and date, if remitted to Government Treasury / Bank Or
    • Cheque, DD or Receipt No. and date if remitted to the Local VAT office or VAT Sub-office

 

DECLARATION
I, ……………….. do hereby solemnly declare that to the best of my knowledge and belief, the information furnished  in the statement  is true and complete.
Place: 
Date:
Signature  of the authorized person
Name  and Status
32. Insertion of new Forms VAT 161 and VAT 162.- After  Form VAT 160 of the said rules, the following new forms shall be inserted, namely:-

“FORM VAT 161

[See rule 44(3)(a)]

Certificate of Tax Deduction

(on purchase of goods specified under Section 18-A)

  1. Name and full address of the  registered dealer deducting tax

  2. (i)Name and full address of the selling registered dealer

    (ii) Registration Certificate No. (TIN) of the selling registered dealer

  3. Particulars of tax deducted during the month of …………- 

  4. Sl. No.
    Tax invoice No. and Date
    Description of goods
    Quantity
    Net sale price
    Amount of tax deducted at ….%
    Details of remittance
    Challan No. & Date, if remitted to Government Treasury / Bank
    Cheque, DD or receipt No. & date  if remitted to the VAT Officer or VAT sub-office
                   
Certified that the tax deducted as above has been remitted  by us into Government Treasury at ……………… through challan No…………Dated………….* / ……………..Bank at ………………through challan No…………Dated…………* / by cheque, DD or cash receipt bearing No……………Dated………….. to the  …… (Name of the office where  the deducted tax is remitted)*, in accordance with section 18-A and that  the particulars  furnished  above are true and correct  to the best of my knowledge.
Place :
Date:

Name and signature of the person deducting tax with his designation and seal.

* Note: Strike out whichever is not applicable.

FORM VAT 162

                                                              [See rule 44(3)]

Register of certificates in Form 161 issued

Date of issue of certificate
Sl. No. of certificate issued
Name, Address and registration number of the dealer to whom issued
Description of the goods purchased
Month for which issued
1 2 3 4 5
         
Total net sale amount payable / paid by the purchasing registered dealer to the seller
Total tax payable on the goods purchased as mentioned in the tax invoices
Amount of tax deducted
Details of remittance
Challan No. & Date, if remitted to Government Treasury / Bank
Cheque, DD or receipt No. & date  if remitted to the VAT Officer or VAT sub-office
6
7
8
9
10
33. Substitution of Form VAT 240.- For Form VAT 240 of the said rules, the following shall be substituted, namely:-

“FORM VAT 240

[See rule 34(3)]

AUDITED STATEMENT OF ACCOUNTS UNDER SECTION

31(4) OF THE KVAT ACT, 2003

-----------

CERTIFICATE

Certified that I / we being a Chartered Accountant / Cost Accountant / Tax  Practitioner have audited the accounts of ………………… (Name and address of the dealer) having registration No. (TIN) ……………. for the year ending …………….. and that subject to my / our observations and comments about non-compliance, short comings and deficiencies in the returns filed by the dealer, as given in the attached report,
  1. the books of account and other related records and registers maintained by the dealer are sufficient for the verification of the correctness and completeness of the returns filed for the year;
  2. the total turnover of sales declared in the returns include all the sales effected during the year;
  3. the total turnover of purchases declared in the returns include all the purchases made during the year;
  4. the adjustment to turnover of sales and purchases is based on the entries made in the books of account maintained for the year;
  5. the deductions from the total turnover including deduction on account of sales returns claimed in the returns are in conformity with the provisions of the law;
  6. the classification of goods sold, rate of tax applicable  and computation of output tax and net tax payable as shown in the return is correct;
  7. the computation of classification of goods purchased, the amount of input tax paid and deductions of input tax credit claimed in the return is correct and in conformity with the provisions of law;
  8. the utilization of statutory forms under the KVAT Act ,2003 and the CST Act,1956 is for valid purposes; and
  9. other information given in the returns is correct and complete.
Summary of the additional tax liability or additional refund due to the dealer on audit for the year are as follows:-

Sl.

No.

Particulars
Amount as per return (in Rs.)
Correct amount determined on audit (in Rs.)
Difference (in Rs.)
1 Output tax payable under the KVAT Act, 2003      
2 Input tax deduction claimed under Section 10      
3 Ineligible input tax deduction under Section 11      
4 Refund of excess input tax credit claimed in the return      
5 Any other item (specify)      
6 Tax payable under the CST Act, 1956      
The dealer has been advised to file revised returns for the period / month ………………………. and,

       (i)pay differential tax liability of Rs…………………. with interest of Rs………… and penalty of Rs……….,

      (ii)claim refund of Rs……………………… and

      (iii)revise the opening / closing balance of input tax credit of Rs……………….

(Note: Strike out whichever is not applicable.)

Place                                                                                                    Signature

Date:                                                                                                    Name

                                                                                                            Enrollment / Membership No……..

Enclosures: (1)Copies of Profit and Loss account and Balance Sheet  (2)Audit Report in Parts 1, 2 and 3

PART-1

GENERAL INFORMATION

1 Name of the dealer  
2 Registration Certificate No. (TIN)  
3

(i)Status of the dealer (specify whether proprietor, etc.)

(ii)If partnership firm, name of all the partners

 
4 Trade name and full address of the principal place of business  
5

(i)Full address of all additional places of business in the State

(ii)Full address of all additional places of business outside the State

 
6 Address of any branch or unit in the State having a different registration number (TIN)  
7 Nature of business (specify whether manufacturer, reseller, works contractor, etc.)  
8 Description of 10 major goods sold  
9 Whether opted for composition or not  
10 Whether filing returns monthly or quarterly  
11 Whether permitted  under special accounting scheme or not  
12 Whether availing incentive as a new industrial unit(specify whether exemption/deferment)  
13 Whether registered under the KTEG Act, 1979 and enrolled / registered under the KTPTC & E Act, 1976  
14 Books of account maintained  
15 List of books of account examined  
16 Method of valuation of opening and closing stocks  

PART – 2

PARTICULARS OF TURNOVERS, DEDUCTIONS AND PAYMENT OF TAX

1 Total and taxable turnovers  
2 Deductions claimed under the KVAT Act, 2003 (specify in respect of each deduction its nature  and whether, it is in order and supported by prescribed documents)

Description     Taxable        Rate      Tax payable

of goods          turnover      of tax

3 Details of taxable sales within the State  
4 Details of purchases and receipts

Total value of purchases and receipts:

Imports                                               :

Inter-state purchase                            :

Inter-state stock transfer                     :

Purchases from registered dealers

within the State                                   :

Purchases from un-registered dealers

within the State                                   :

5 Details of input tax paid on purchases:

Description     Taxable        Rate      Tax paid

of goods          value          of tax

6 Details of input tax paid on purchases eligible for deduction(give details of capital goods separately and specify whether calculated on the basis of partial rebating formula)

Description     Taxable        Rate      Tax paid

of goods          value          of tax

7 Details of input tax paid on purchases ineligible for deduction(give details of capital goods  and special rebate separately and specify whether calculated on the basis of partial rebating formula)

Description     Taxable        Rate      Tax paid

of goods          value          of tax

8 Details of input tax deduction claimed on purchases relating to inter-State sales and export sales(give details of capital goods  and special rebate separately and specify whether calculated on the basis of partial rebating formula)  
9 Details of un-adjusted excess input tax credit carried over from the previous year and to the next year  
10 Total and taxable turnovers under the CST Act, 1956  
11 Deductions claimed (specify in respect of each deduction  its nature, whether it is in order and supported by prescribed documents)  
12 Details of taxable sales

Description     Taxable        Rate      Tax payable

of goods          turnover      of tax

13 If the dealer has opted for composition indicate the type of composition  scheme opted  and details of the composition amount paid, its rate and the basis  
14 Details of returns filed

Month/     Due      Date     Penalty Date of payment  Penalty

 Quarter    Date   of filing    paid            of tax              paid

15 Details of inspection of the business premises / books of account of the dealer by departmental authorities on inspection / visit

Date of visit /   Designation    Additional   Penalty     CF

  Inspection          of the                tax          levied   collected

                           Officer           assessed

 
Note: Trading account in respect of each class of goods and manufacturing account in respect of each   class of goods (whether taxable or not) along with accounting ratios on sales and other non-sale transactions  has to be furnished separately. Wherever the Profit and Loss Account and Balance Sheet contain the details of transactions made outside the State, then the details relating to transactions within the State shall be suitably computed and declared separately.

PART – 3

PARTICULARS OF DECLARATIONS AND CERTIFICATES

1 Details of sales as commission agent

Total               Amount covered       No. of  forms    Balance

Amount          by Form VAT 140         filed

2 Details of purchases as commission agent

Total              Amount covered       No. of  forms    Balance

Amount          by Form VAT 145         filed

3 Details of tax deducted at source from the amounts payable to the dealer

Total               Amount covered       No. of  forms    Balance

Amount          by Form VAT 156/        filed

                           158 / 161

4

(i)Stock of declarations / certificates / delivery notes under the KVAT Act, 2003.

Opening Stock

Forms obtained  during the year from CTD

Forms utilized during the year

Loss, if any

Closing Balance

(ii)Details of any misuse of forms

Form         Form         Form         Form      Form     Form

VAT 140   VAT 145     VAT 156   VAT 158  VAT 161 VAT 505

5

(1)Stock of declarations / certificates under the CST Act, 1956.

Opening Stock

Forms obtained during the year from CTD

Forms utilized during the year

Loss, if any

Closing Balance

(2) Details of any misuse of C Forms

Form C      Form EI      Form EII         Form F       Form H

Number            Amount of                     Nature of

                     purchase involved                misuse

The above audit report enclosed to my / our certificate is true and correct.

Place                                                                                                    Signature

Date:                                                                                                    Name”

 
 
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