(1) Subject to the provisions of sub-rule (2), every dealer liable to furnish return under sub-section (1) of section 32, other than those enjoying exemption or deferment or remission of tax under sub-section (1) of section 118 and other than those who are selected for electronically transmitting data in the return in Form 14 under sub-rule (1) of rule 34A, shall furnish returns quarterly in Form 14 within the next English Calendar month from the date of expiry of each quarter:
Provided that every dealer enjoying exemption or deferment or remission of tax under sub-section (1) of section 118, other than those who are selected for electronically transmitting data in the return in Form 14D under subrule (1) of rule 34A, shall furnish such returns quarterly in Form 14D, within the next English Calendar month from the date of expiry of each quarter:
Provided further that where a dealer as referred to in this sub-rule, is required to furnish return quarterly in respect of a return period starting on or after 1st day of July, 2007, referred to in column (2) of the table below and where the net tax, interest, if any, payable according to that return are paid within the date specified in column (3), and the said return is furnished within the date referred to in column (4), of that table, such return shall, notwithstanding anything contained in this sub-rule, be deemed to have been furnished within the prescribed date.
No.
(2) Every registered dealer who has exercised his option to make payment of tax under the composition scheme as referred to in sub-section (3A) or sub-section (3B) or sub-section (6) of section 16 or sub-section (4) of section 18 , or in terms of sub-rule (3C) of rule 38, or in terms of sub-rule (3C) of rule 38, other than those who are selected for transmitting data in the return in Form 15 electronically under sub-rule (1) of rule 34AA, shall, furnish returns quarterly in Form 15 within the next English Calendar month from the date of expiry of each quarter:
Provided that where a dealer as referred to in this sub-rule, is required to furnish return quarterly in respect of a return period, starting on or after 1st day of July, 2007, referred to in column (2) of the table below are where the net tax, interest, if any, payable according to that return are paid within the date specified in column (3) and the said return is furnished within the date referred to in column (4) of that table, such return shall, notwithstanding anything contained in this sub-rule, be deemed to have been furnished within the prescribed date.
(2C) Every registered dealer who has exercised his option to make payment of tax at the compounded rate of one-fourth of one per centum under sub-section (3) of section 16, other than those who are selected for transmitting data in the return in Form 15R electronically under sub-rule (1) of rule 34AB, shall furnish returns annually in Form 15R within the next English Calendar month from the date of expiry of each year:
Provided that where a dealer becomes ineligible to pay tax at the rate of one-fourth of one per centum under sub-section (3) of section 16 in the middle of a year, he shall furnish monthly returns in Form 15R for the month or months as the case may be, in the year during which he has enjoyed such composition scheme and consolidated return in Form 14 for the rest of the period in that year.
Provided further that a reseller to whom a certificate of composition registration in Form 3CR has been granted on payment of the fixed amount under sub-rule (3A) of rule 38 for a year including a dealer holding registration certificate in Form 3 who has opted to pay fixed amount by furnishing Form 16 under sub-rule (4) of rule 38, shall inform about such payment to the Commissioner in the manner as may be given in the Directorate's website www.wbcomtax.gov.in.
Provided also that the compliance of the second proviso by such registered reseller shall be deemed to be furnishing of the return, as stated in sub-section (1) of section 32, by him for that year.
(3) Every return required to be furnished under sub-rule(1) or sub-rule (2) or sub-rule (2C), as the case may be, shall be duly filled and signed by-
(a) the proprietor, if the business is a proprietory concern;
(b) any of the partners, if the business is a partnership firm;
(c) the Karta, if the dealer is a Hindu undivided family;
(d) the Principal Officer, if the dealer is a company having its registered office in West Bengal and where such registered office is situated outside West Bengal, the executive head in West Bengal as authorised by the Principal Officer;
(da) the authorised officer, in case of Government or local authority;
(e) any of the trustees, if the dealer is a trust; and
(f) the President, or General Secretary, for others
(4) Every return shall be verified in the manner as referred to in Form No. 14 or Form No. 14D or Form No. 15 or Form No. 15R, as the case may be.
(5) While furnishing the return in Form No. 14 or Form No. 14D, every dealer shall furnish along with the returns,-
(a) an Annexure A as mentioned below, where a registered dealer exercise his option to pay tax under sub-section (4) of section 16 on the maximum retail price (MRP) specified on such goods manufactured in, or imported into, West Bengal by him:-
ANNEXURE A
[Annexure to return to be submitted by a registered dealer who opts to pay tax on Maximum Retail Price (MRP) as per the provision of sub-section (4) of section 16.]
_____________________________________________________________________________
*Strike out whichever is not applicable;
"(b) an Annexure-B containing PART I. PART II PART III and PART IV, as mentioned below:-
Annexure B
{Annexure to return to be filled in by all registered dealers]
PART I
Section 1: Details of purchase of taxable goods, for direct use in business including goods meant for use in the execution of works contract, effected by dealer in excess of rupees fifty thousand from registered or unregistered dealers withinWest Bengal during the return period
Section 2: Purchase of taxable goods for direct use in business not exceeding rupees fifty thousand during the return period
(inclusive of tax)
(Rs.)
Section 3 : Details of purchases of taxable goods from registered dealers within West Bengal not for direct use in business where such purchases during the return period exceeds rupees fifty thousand.
PART II
Section 1: Details of sales including all kinds of deemed sales of goods to registered dealers within West Bengal in excess of rupees fifty thousand during the return period
Section 2: Sales during the period not exceeding rupees fifty thousand to registered dealers within West Bengal
(excluding tax)
(Rs)
PART III
Section 1: Details of sales including all kinds of deemed sales of goods to unregistered dealers or persons within West Bengal in excess of rupees fifty thousand during the return period
Section 2: Total sale during the period not exceeding rupees fifty thousand to unregistered dealers or persons withinWest Bengal
PART IV
Aggregate amount of goods despatched outside State of West Bengal otherwise than by way of sale and aggregate amount of goods despatched within West Bengal otherwise than by way of sale
(c) Omitted
(d) an Annexure D as mentioned below, where the dealer is a works contractor and claims deduction in terms of clause (b) of sub-section (2) of section 18 or claims deduction and computes tax in terms of sub-section (3) of section 18, duly verified by him:.
ANNEXURE D
Annexure to return to be filled in respect of claim of deduction under clause (b) of sub-section (2), and/or sub-section (3), of section 18 for labour, service and other like charges as shown in return and about tax payable on taxable contractual transfer price
Computation of Taxable Contractual Transfer Price and tax has been made by [Put in appropriate box]:.
[ascertained from accounts]
Statement about deduction for labour, service and other like charges u/s 18(2)(b) read with rule 30(1)
[Deduction as ascertained from books of accounts]
Statement about deduction for labour, service and other like charges and computation of tax on taxable contractual transfer price in terms of section 18(3) read with rule 30(2)
[Deduction and computation using the Table given in rule 30(2)]
(e) Omitted
(f) an Annexure F as mentioned below, indicating therein the amount of reverse credit, duly verified by him:.
ANNEXURE F
Annexure to return to be filled where input tax credit is to be reversed
Computation of Reverse Credit has been made by [Put appropriate box]:.
[ Calculation of Reverse Credit using formula as given in rule 23(4) ]
[Statement about Reverse Credit made under Self-accounting Method]
(g) an Annexure G as mentioned below, where such registered dealer is enjoying deferment under clause (a) or exemption under clause (b), or remission under clause (c), as the case may be, of sub-section (1) of section 118:-
ANNEXURE G
(Annexure to return to be filled in by dealers enjoying deferment/exemption/remission.)
Calculation of reverse credit using formula as given in rule 23(4)
"(h) an Annexure Sales Return as mentioned below, where the dealer claims deduction under sub-clause (b) of clause (55) of section 2 to arrive at .turnover of sales., duly verified by him:-
ANNEXURE SALES RETURN
Annexure to return to be filled where deduction is claimed in terms of sub-clause (b) of clause (55) of section 2
[Statement of intra-State sales return/rejection within W.B. as shown in serial No. 18 of Form 14 / Form 14D]
*After deducting sale price of goods purchased within W.B. on payment of tax on MRP u/s 16(4) as shown in serial 17 of Form 14/Form 14D, i.e. (1) =[ sl. 16 . sl. 17] of Form 14/Form 14D
Note : Amount of Total of column (4) is included in serial 30aB of Form 14/ Form 14D.
Certified that the claim of deduction in column (2) above relates only to goods return/rejection within six months from the date of relevant sale.
(i) an Annexure TDS as mentioned below, where the dealer executes intra-State works contracts within West Bengal during the return period or claims payment of tax deemed to have been made by him in terms of sub-section (4) of section 32 by way of deduction from payment to him for execution of works contract by him within West Bengal in terms of sub-section (1) of section 40, duly verified by him :-
Annexure TDS
Details of intra-state works contracts executed and/or about receipt of payments for the same during the return period and for claim for deduction of tax at source under section 40 of the WBVAT Act, 2003 thereon
(')
I.......................................... hereby declare that the information furnished herein is correct and complete.
(j) an Annexure Sub-Contract as mentioned below, where the dealer claims deduction in accordance with clause (c) of sub-section (2) of section 18 for amounts paid to a subcontractor :-
Annexure SUB-CONTRACT
Details of claim of deduction under section 18(2) (c) of the WBVAT Act, 2003 relating to sub-contract
(k) an Annexure TCS mentioned below, where the dealer executes any contract for intra-state sale of taxable goods to Government or local authority (i.e. Purchaser) during the return period or claims deduction in terms of sub-section (4A) of section 32:-
the
Purchaser
Certificate
No. of the
Contract
bills raised
of tax
deducted
u/s 40A
date
amount
involved
(l) an Annexure MR as mentioned below, where the dealer is engaged in sales of goods upon manufacturing them in West Bengal as well as simultaneously engaged in resale of same or other goods :-
sale
sale(s)