(1) Every dealer, liable to tax shall submit periodical returns of his turnover and every person responsible for making deduction of tax at source under the provisions of section-35 of the Act, Shall submit periodical returns of payment made and TDS to the assessing authority in the manner specified in the table below accompanied by supporting documents including-
(a) Proof of payment of amount of tax or interest, if any;
(b) proof of payment of late fees as prescribed. Along with satisfactory reasons for the delay, in case such return is not filed within the prescribed time;
(c) List of Tax charged by the registered selling dealers on the turnover of State Purchases of NON CAPITAL VAT GOODS in respect which ITC is claimed. In the prescribed format;
(d) List of Tax charged by the registered selling dealers on the turnover of State Purchases OF CAPITAL VAT GOODS in respect which ITC is claimed in the prescribed format;
(e) List of Tax Charged on the turnover of State Sales of Vat Goods (including capital goods) from the registered purchasing dealers in the prescribed format.
(f) Such other annexure documents and statements as may be prescribed.
Return shall be filed in one of the following ways:-
(1) Online on the website of the Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000.
(2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the "acknoledement" with the proof of payment on e-payment of tax or any other dues.
Provided that in case the tax due for a month is Nil the dealer shall submit such information in Form VI(A) up to 20th of the succeeding month.
Return shall be filed in one of the following three ways:-
(1) Online on the website of the department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of section 35 of the Information Technology Act, 2000.
(2) Online on the website of department without digital Signature, a duly signed electronically generated hard copy of the return and the "acknowledgment" with the proof of payment or e-payment of tax or any other dues
(3) It filed otherwise-duly signed copy of the return and two copies of the "acknowledgment" along with proof of payment or e-payment of tax or any other dues.
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000.
(2) Online on the website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgment" with the proof of payment or e-payment of tax or any other dues.
(3) If filed otherwise-
Duly signed copy of the return and two copies of the "acknowledgment" along with proof of payment or e-payment of tax or any other dues.
Provided that in case the tax due for a month is NIL the dealer shall submit such information in Form-VI (A) up to 25th of the succeeding month.
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000.
Explanation- If such person is a registered dealer he, in addition to the return prescribed for him in clause (1), (2), (3), (4), or clause (5), as the case may be shall filed return in Form-III-A (amended)
Filling of Return shall be filed in one of the following ways:-
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000.
(3) If filed otherwise- Duly signed copy of the return and two copies of the "acknowledgment" along with proof of payment or e-payment of tax or any other dues.
Provided that periodical return filed without furnishing the prescribed details along with supporting documents shall not be accepted.:
Provided further that, the Commissioner may by a general order, make it mandatory for a class of dealers or persons or for all dealers file periodical returns online and to pay due tax, composition money, fee, TDS, interest of any other amount electronicaly and may also from time to time issue necessary instructions regarding filling of returns.
Provided also that the Commissioner may relax the requirement of online submission of returns in cases covered by serial no 1 of the table above.
Provided further that, notwithstanding anything contained in this Rule, where a dealer or a person is required to submit periodical return online on the website of the department without digital signature, commissioner, if satisfied, may waive, for all dealers or persons or for a class of dealers or persons which he deems fit, the requirement of submission of electronically generated and signed hard copy of such return with the conditions;
(i) that a duly signed electronically generated hard copy of the "acknowledgement" related to such return is submitted along with hard copy of the proof of payment or e-payment of tax or any other dues; and
(ii) that the hard copy of such electronically generated return is protected for the period as is provided to preserve the "accounts" under sub-section (1) of section 61; and
(iii) that such protected hard copy is produced whenever so required by the assessing authority.
(2) Every dealer who desires to pay tax as per the provisions of sub-section (1) of section 7 of the Act, shall submit to the assessing authority an application in Form XXII within 45 days of the commencement of the Assessment year.
Explanation: Turnover for the purpose of this sub-rule means the gross turnover of sale within the State excluding sale of goods specified in Schedule II (c), Schedule III and the goods specified in Schedule I on which additional excise duty is liable under Additional Duties of Excise (Goods of Special Importance) Act, 1957.
(3) If periodical return is not filed within the time prescribed in sub-rule (1), the dealer or person, shall pay late fee by computing in the following manner-
1(a). For dealers or persons, other than those classified at sl.no. 1, of the table as given in sub-rule (1) :
Rs. 100 for delay of a week or part thereof, till the date of actual submission of such periodical return or till the date of actual submission of annual return for the relating assessment year or till the date of assessment for the relating assessment year, whichever is earlier.
1(b). For dealers or persons classified at sl.no. 1, of the table as given in sub-rule (1) :
Rs. 200 for delay of a week or part thereof, till the date of actual submission of such periodical return or till the date of actual submission of annual return for the relating assessment year or till the date of assessment for the relating assessment year, whichever is earlier.
Provided that the provision of late fee for late filing of return shall not exempt the dealer or person from its liability of interest for not depositing the tax, composition money or TDS due under the Act within the time prescribed. However, in case where the extension of time has been granted and prescribed late fee deposited, the penal provisions of section 58 relating to the late filing of return and provisions of clause (a) of sub-section (3) of Section 24 relating to provisional assessment for a period shall not be attracted.
(4) Before submitting the return under this Rule the dealer or Person, shall, in manner laid down in these rules, deposit the amount of tax or TDS or other dues under the Act and submit to the assessing authority the proof of payment of such amount along with the return;
Provided that where a Government Department wants to deposit the tax by book transfer, such department shall, before submitting such return, prepare a bill in triplicate, for the amount of tax due, endorse it to the Assessing Authority in accordance with the financial rules on the subject and attach two copies thereof with such return. The Assessing Authority shall retain one of the copies, and the other copy shall be sent to the Accountant General, Uttaranchal for crediting the amount to the account of the Commercial Tax Department:
Provided further that no tax shall be deposited by book transfer where the amount relates to the recovery of tax by way of tax deduction at source under the provisions of section 35 of the Act.
(5) Every dealer liable to file a revised return for any tax period under the provisions of section 23 shall submit within the prescribed time the revised return dully marked as "Revised Return" and duly signed by the person authorized this to sign the return.
(6) Every dealer liable to tax shall, in addition to the periodical returns, submit an annual return of his turnover and every person responsible for making deduction under the provisions of section 35 of the Act shall submit an annual return of payment made and TDS in the manner specified in the table below-
(1) Online on the official website of the Department with digital signature, of the dealer or the person authorized to sign return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000.
(2) Online on the official website of the department without digital signature, a duly signed electronically generated hard copy of the return and the "acknowledgment" with the proof of payment or e-payment of tax or any other dues.
(1) Online on the official website of Department with digital signature, of the dealer or the person authorized to sign return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000.
Explanation- if such person is a registered dealer he in addition in the return prescribed for him in clause 1,2,3,4 or 5 as the case may be, shall file return in Form -IV(A) (amended)
Provided that annual return filed without furnishing the prescribed details along with supporting documents shall not be accepted.:
Provided further that, the Commissioner may, by a general order, make it mandatory for a class of dealers or persons or for all dealers to file annual returns online and to pay due tax, composition money, fee, TDS, interest or any other amount electronically and may also from time to time issue necessary instructions regarding filling of returns.
(7) Every dealer shall, for the assessment year submit to the assessing authority in addition to periodical returns and annual return of his turnover, amount of differential tax, if any, interest, composition money or fee due from him, in the manner prescribed in sub-rule (6) and the differential amount of tax fee or other dues complete in all material particulars, as per the provisions of section 25 of all the Act and rule (5) of the Uttarakhand Central Sales Tax Rules, 2006, in the prescribed method including electronic methods on or before December 31 in the succeeding assessment year, provided that a dealer who ceases to carry on business during the course of a financial year shall file the final return in Form IV (amended) for the period of his business during the relevant year within 60 days from the date of cessation of business containing such information particulars and annexures as may be prescribed, accompanied by supporting documents, including.
(a) Computation of his own assessment of amount of tax due from him on the basis of such return including claim for input tax credit;
(b) Such declarations, certificates and other evidences on which the dealer relies in support of his claim of exemption, concession or rebate of tax declared in the computation of his own assessment of amount of tax due from him;
(c) proof of payment of the additional amount of tax and increase due as per his own computation;
(d) proof of tax if any claimed to have been deducted at source;
(e) proof of payment of late fee, if any, and the satisfactory reason for the delay in case such return is not filed within the prescribed time;
(f) a true copy of the audit report as required under section 62 of the Act; and
(g) such other particulars, documents and statement as may be prescribed.
(8) If annual return is not filed within the time prescribed in sub-rule (6), the dealer or person, shall pay late fee by computing in the following manner-
1. Rs. 200, for delay of a week or part thereof till the date of actual submission of such annual return or till the date of assessment for the relating assessment year, whichever is earlier.
(9) Every dealer shall include the turnover of all the branches of his business in the State of Uttarakhand in the returns submitted for the principal place of business and shall send intimation thereof to each assessing authority concerned.
(10) Every return under these rules shall be signed and verified by the person authorized to sign the application for registration under sub-rule (1) of rule-7.
(11) As per the provisions of Section 25 of the Act Selection of dealers for scrutiny and thereafter selection for assessment shall be made in the manner as may be prescribed by the Commissioner.
(12) Notwithstanding anything contained in this rule, where any difficulty arises in giving effect to the provision of this Act or; in executing the online system smoothly. Commissioner may make necessary amendments, addition or deletion in the prescribed periodical returns or in annual return or in their prescribed annexure and may prescribe new annexure to such return by issuing an administrative order;
Provided that The Commissioner shall get approval of such changes from the Government within six months of such an administrative order.