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The West Bengal Sales Tax Rules, 1995
Chapter XII - Part I : Return period and prescribed date for furnishing return

Body 153. Cases in which annual returns to be furnished (omitted w.e.f. 01-04-2012)

(8) A registered dealer, who is required to furnish returns quarterly in accordance with the provisions of rule 152, may,-

    (a) if he -

      (i) has paid tax under any of the Act or Acts repealed under section 106 for a total amount exceeding forty-five crore rupees during the year immediately preceding the appointed day,

      (ii) has at least five branches in West Bengal, and

      (iii) has experienced difficulty in furnishing returns within the prescribed dates,

    make an application to the Commissioner within sixty days from the date of publication of this notification for granting permission to furnish annual returns from the year comprising the period or periods commencing on or after the appointed day, or

    (b) if he -

      (i) has paid tax under the Act for an amount exceeding forty-five crore rupees during the preceding year,

      (ii) has at least five branches in West Bengal, and

      (iii) has experienced difficulty in furnishing returns according to the provisions of rule 152,

    make an application to the Commissioner within sixty days from the expiry of the preceding year for granting permission to furnish annual return from the following year.

    (9) When the Commissioner is satisfied that the application for change of return period is made in accordance with the conditions laid down in sub-rule (8), he may grant permission to such dealer under clause (a), or clause (b), of sub-rule (8) to furnish returns annually, and such dealer shall, notwithstanding the provisions of rule 152, furnish returns annually in respect of the year referred to in clause (a) or the following year referred to in clause (b), unless the permission is withdrawn for non-fulfillment of the conditions laid down in the aforesaid clauses or the return period is changed under rule 154 and the dealer is informed accordingly :

    Provided that if return for any part of a year has already been furnished by such dealer under rule 152 before permission is granted to him for changing the return period to annual basis in respect of such year, the dealer shall furnish a single return for the remaining part of that year.

    (10) A registered dealer eligible to furnish return under sub-rule (9) shall furnish such return to the appropriate assessing authority within thirty days from the expiry of each year or part of a year, as the case may be.

    (11) Where a registered dealer has been eligible to furnish annual return in accordance with the provisions of sub-rule (1) or sub-rule (3), as they stood on the 31st day of March, 1998, he shall continue to be eligible to furnish annual return in respect of the year commencing on or before that day and ending on or after the 1st day of April, 1998, and thereafter he shall furnish quarterly returns in respect of all the periods of the year immediately following such year and all subsequent periods in accordance with the provisions of rule 152.