THE WEST BENGAL VALUE ADDED TAX RULES, 2005 : FORMS
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Body

Form 88

Audit report under section 30E of the West Bengal Value Added Tax Act, 2003.

INSTRUCTIONS

1. Please read these instructions carefully before preparing the report.

2. No additional enclosure unless prescribed or unless it is essential for furnishing the information is to be filed with this report.

3. Do not leave any field or box blank. In case any field or box is not applicable, enter 'zero' (0) in numerical fields and write 'N.A.' for 'Not Applicable' or as the case may be, 'Nil' in other fields.

4. This report is divided into six parts. Part 1 is mainly related to verification and certification. Part 2 is mainly related to general information about the dealer under audit. The auditor is expected to ascertain the various parameters in Part 3, Part 3A, Part 4 and Part 5, and supply the details required therein and in the various Schedules and their Annexures.

5. The auditor MUST give his remarks in brief in Part 6, wherever difference is found between Amount as per returns and Amount as per audit. This is essential to make the report complete and transparent. It will also prevent avoidable queries by the Department.

6. Filling of Part 1 of this report is mandatory in respect of all the dealers.

7. It is mandatory to fill in the relevant schedule(s) of Part 3 as also the Annexures wherever required.

8. If the dealer has multi-State activities then ratios related to gross profit, net profit, and working capital may be given at all India level and other ratios should be given at State level.

9. The tax liability is to be computed as required by law wherever documents are not made available to the auditor or are insufficient.

10. Part 3 and Part 4 of the report are linked with the returns filed by the dealer and is to be filled in accordingly. Instructions provided for filling in information in the returns are applicable to the respective items of this Part and to its Schedules and Annexures.

Sl. No.	Type of Return	Relevant Part
1	Form 14	Part 1 to Part 6 with all relevant schedule / annexure of Part 3 and Part 4, but excluding Part 3B
2	Form 14D	Part 1 to Part 6 with all relevant schedule/ annexure of Part 3 and Part 4 + Part 3B
3	Form 15R [Resellers paying tax u/s 16(3)]	Not applicable
4	Form 15 [Hotelier, Restaurant, etc paying tax at compounding rate u/s 16(6)]	Not applicable
5	Form 15 [ registered dealers paying tax at compounding rate u/s 16(3A), 16(3B) and u/s 18(4)]	Part 1, Part 2, Part 4 (relevant portion) without any annexure, ana Part 6.
		Relevant portion of Part 3 for those paying tax u/s 16(3A) or 16(3B).
		Part 3A for works contractors paying tax u/s 18(4) with Annexure 2 & 3 of Part 3.

11. Auditor is requested to sign and put his seal on every page of the report.

PART - 1

AUDIT AND CERTIFICATION

1. *I/We report that the audit for the year ........................... of ................................ (mention name and address of the dealer) holding TIN ...................... under the West Bengal Value Added Tax Act, 2003 and registration No. .......................... under the Central Sales Tax Act, 1956 was conducted by *me/us/M/s............................ Chartered Accountants/Cost Accountants in pursuance of the provisions of the Value Added Tax Act, 2003 and rules framed thereunder.

2. Maintenance of Books of Accounts, VAT related records and Financial Statements are the responsibility of the dealer. Our responsibility is to express an opinion on such accounts, records and statements based on our audit conducted in accordance with the provisions of section 30E. We have conducted our audit in accordance with the auditing standards generally accepted in India. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the said accounts, records and statements are free of material misstatement. The audit includes examining, on a test basis, evidence supporting the amounts and disclosures in this audit report. An audit also includes assessing the accounting principles used and significant estimates by management as well as evaluating the overall Financial Statement presentation. We believe that our audit provides a reasonable basis for our opinion.

3. Subject to the limitation of the audit indicated in the above para, I/we have verified the correctness and completeness of the returns as furnished under the West Bengal Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956 year mentioned above, and subject to *my / our remarks about non-compliance, shortcomings and deficiencies in the returns filed by the dealer as given in the Part 4 of this report, certify that.-

*I/We have read and understood the instructions for filling up this audit report and the Auditor is required to fill in Part 1 / 2 / 3 / 4 / 5 / 6 (strike out whichever is not applicable, the Part or any portion of it) and the Annexures if required. *I/We have obtained all the information and explanations which, to the best of *my / our knowledge and belief, were necessary for the purposes of our audit.

(a) In *my / our view the books of accounts, purchase and sale invoices including cash memos, if any, and other VAT related records and registers maintained by the dealer are sufficient for verification of correctness and completeness of the returns. The records relating to receipts and dispatches of goods are properly maintained. The tax invoices issued are in conformity with the provisions of law.

(b) The aggregate sale price and turnover of sales declared in the returns includes all the transactions of sales (i.e. including sales of fixed assets and deemed sales other than works contract, etc.) concluded during the period under audit.

(c) The details of purchases declared in the returns include all the transactions of purchases, as called for, made during the period under audit.

(d) The adjustment to turnover of sales and/or purchases is based on entries made in the books of accounts during the period of audit, supported by necessary documents.

(e) The deductions from the turnover of sales and other adjustments thereto including deduction on account of goods returned, etc, claimed/shown in the returns match with the entries in books of accounts and are supported by necessary documents.

(f) Considering the Schedule and entry wise classification of goods sold, the rate of tax applied is correct and the details regarding the exempted sales, sales at reduced rates, sales under section 3 and/or section 5 of the Central Sales Tax Act, 1956, the composition rates and computation of tax payable as shown in the returns is proper.

(g) Computation of input tax credit or input tax rebate in respect of purchases made during the period of audit and adjustments thereto are correct, and in accordance with the provisions of section 22 and its related rules.

(h) No input tax credit or input tax rebate has been claimed on capital goods (excluding components, spare parts and accessories of plant and machinery), which were not capitalized during the year.

(i) The Amount of *net tax payable /claim of refund is prima-facie correct.

(j) All the other information furnished in the returns is prima-facie correct and complete.

(k) The dealer is conducting his business from the place/places declared by him as his main place of business/ and the additional places of business.

(l) The bank statements have been examined by *me/us and they are fully reflected in the books of accounts. Excepting in so far as transactions recorded in the cash book, the transactions recorded in the books of accounts are fully reflected in bank statements during the period of review.

(m) The dealer *has maintained/has not maintained accounts as called for in sub-section (1) of section 63.

(n) The dealer *has maintained/has not maintained proper record relating to receipt, dispatch, and delivery of goods.

Place:

For

CHARTERED ACCOUNTANT/COST ACCOUNTANT

(Name)

(Proprietor/Partner)

Membership No. ..........................

Address.......................

Date:

*Strike out / delete whichever is not applicable.

PART-2

General Information

1	Dealer's name/ Trade name of the business
2	TIN under the West Bengal Value Added Tax Act, 2003
3	TIN under the Central Sales Tax Act, 1956
4	Eligibility Certificate Number, if any, under the W.B.V.A.T. Act, 2003
5	(a) Enrolment or Registration Certificate No. under West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979
5	(b) Amount of Profession tax paid for the period under audit	Rs.
6	Income Tax PAN
7	Central Excise Registration No.
8	Service Tax Registration No.
9	Nature of business: resale/manufacture/importer/exporter/works contractor/lessor/others (please specify)
10	Classes of main goods dealt with by the dealer
11	Change in the nature of business, if any, during the year: (The brief particulars of such change i.e. new products, new capacities etc. is to given)
12	Books of account maintained: (In case books of account are maintained in a computer system, mention the books of account generated by such computer system)
13	Method of valuation of stock: [Brief Particulars of change, if any, to be stated]
14	Gross profit to net turnover ratio (in %)	Current year		Previous year
15	Net profit to net turnover ratio (in %)	Current year		Previous year
16	Closing stock (including work in progress) in West Bengal.	Current year		Previous year
17	Closing stock as in 16 to net turnover ratio	Current year		Previous year
18	Working capital (i.e. Current assets - Current Liability)	Current year		Previous year
19	For manufacturers only
	I. Name of four major inputs:
	II. Input output ratio for one unit. (Unit may be one Kg/ton/pc/or likewise)
20	Particulars of all operating Bank Accounts within the State of West Bengal.	Bank	Branch	A/C No.



21	E-mail address

22	Original return submitted on:	Q1	Online	Q2	Online	Q3	Online	Q4	Online
			DDMMYY		DDMMYY		DDMMYY		DDMMYY
			Paper form		Paper form		Paper form		Paper form
			DDMMYY		DDMMYY		DDMMYY		DDMMYY
23	Revised return submitted on:	Q1	Online	Q2	Online	Q3	Online	Q4	Online
			DDMMYY		DDMMYY		DDMMYY		DDMMYY
			Paper form		Paper form		Paper form		Paper form
			DDMMYY		DDMMYY		DDMMYY		DDMMYY

PART-3

DETAILS OF AGGREGATE OF SALES, TURNOVER OF SALES, VARIOUS DEDUCTIONS U/S 16(1), OUTPUT TAX, NET TAX, INTEREST, ETC.

As disclosed in the returns (Rs)

As found upon audit

(Rs)

Difference

(Rs)

Aggregate of sale price (exclusive of VAT but inclusive of CST)

(A)

(B)

(C)

*Less: Refund for sales Return as per sec. 2(55)(b).

Sale price of goods, tax on which has been paid on MRP u/s 16(4) at the time of purchase or on an earlier occasion.

Turnover of sales [1 - 2 - 3].

*Less: Tax-free sales u/s 21.

*Less: Export sales u/s 16(1).

[within the meaning of sec. 5(1) of the CST Act, 1956]

*Less: Sales in the course of import u/s 16(1).

[within the meaning of sec. 5(2) of the CST Act, 1956]

*Less: Sales prior to export u/s 16(1). [within the meaning of sec. 5(3) of the CST Act, 1956]

*Less: CST sales u/s 16(1) [inclusive of CST)

[within the meaning of sec. 3 of the CST Act, 1956]

Less: Zero-rated sales u/s 16(1). [as per Schedule-AA]

Less: Any other sales u/s 16(1).

	Relevant rule with short description	Amount (Rs.)
(a)
(b)
(c)
(d)
	Total

Turnover of sales on which tax is payable u/s 16(1). [4 - 5 - 6 - 7 - 8 - 9 - 10 - 11]

**Output tax on 12

(a)	@ 1 %
(b)	@ 5%
(c)	@ 14.5%
(d)	@ ...............%
(e)	@ ...............%
	Total

Tax on taxable contractual transfer price as per *Schedule 1 /Schedule 1A.

Purchase tax payable u/s * 11 / u/s 12 as per Schedule 3

Total output tax [13 + 14 + 15].

Input tax credit B/F from previous year.

Input Tax Credit for the period including input tax credit u/s 22(9) read with rule 22 [Annexure 2 of Part 4], if any,

Input Tax Credit claimed in excess/short earlier as per section 22(17).

Input tax credit reversed for stock transfer outside W.B. u/s 22(7).

Input tax credit reversed for any reason other than stock transfer as given in column 20.

Net tax credit for the period/year [17 + 18 ± 19 - 20 - 21].

Input tax credit/rebate adjusted with tax payable under the C.S.T. Act.

Input tax credit C/F to the next year.

Input Tax Credit/Net tax credit adjusted with total output tax as shown in 16 i.e. [22 - 23 - 24]

Net tax payable [16 - 25].

Tax paid under the W.B.V.A.T. Act, 2003.

Tax deducted at source u/s 40 as per Schedule 2

Interest payable u/s 33.

Interest paid under the W.B.V.A.T. Act, 2003.

Late fee payable u/s 32(2)

Late fee paid under the W.B.V.A.T. Act, 2003.

[within the meaning of sec. 6A of the CST Act, 1956]

Stock transfer made to dealers within the State.

*Strike out / delete whichever is not applicable.

Schedule 1

[For works contractors claiming deduction for labour, service and other like charges ascertainable from books of accounts under rule 30(1)]

		As disclosed in the returns (Rs)	As found upon audit (Rs)	Difference (Rs)
1	Contractual transfer price (Intra-state only)	(1)	(2)	(3)
2	Less: Contractual transfer of goods under Schedule A
3	Less: Deduction for labour, service and other like charges u/s 18(2)(b) read with rule 30(1).
	(a) Labour charges for execution of works
	(b) Charges for planning designing and architect fees
	(c) Charges for obtaining on hire or otherwise machinery and tools for execution of works contract
	(d) Cost of consumables, like water etc
	(e) Cost of establishment and similar expenses of the contractor to the extent it is related to supply of labour and services
	(f) Profit earned by the contractor to the extent it is related to supply of labour and services
	Total deduction under serial no. 3.
4	Less: Amount paid to the sub-contractor as per section 18(2)(c)
5	Less: Contractual transfers as per rule...................
6	Taxable contractual transfer price
7	Tax on Taxable contractual transfer price @ 5%
8	Tax on Taxable contractual transfer price @ 14.5%
9	Tax on Taxable contractual transfer price @ ...........................
10	Total tax payable [7 + 8 + 9]

Schedule 1A

[For works contractors claiming deduction for labour, service and other like charges not ascertainable from books of accounts under rule 30(2)]

		As disclosed in the returns (Rs)	As found upon audit (Rs)	Difference (Rs)
		(1)	(2)	(3)
1	Contractual transfer price (Intra-state only)
2	Less: Contractual transfer of goods under Schedule A
3	Less: Deduction for labour, service and other like charges u/s 18(3); read with rule 30(2). [As per Table A - total to be stated ]
4	Less: Amount paid to the sub-contractor as per section 18(2)(c)
5	Less: Contractual transfers as per rule.........
6	Taxable contractual transfer price as per Table A [Total of column (5) to be stated]
7	Total tax payable as per Table A [Total of column 6(a) + 6(b) to be stated]

TABLE A

Statement about deduction for labour, service and other like charges and computation of tax on taxable contractual transfer price u/s 18(3) read with rule 30(2) [i.e. deduction and computation using the Table given in rule 30(2)]

Sl. No.	Nature of works contract [refer to rule 30(2)]	Contractual Transfer Price (Rs.)	% of deduction as per rule 30(2) after deduction, if any, u/s 18(2)(a) or/and 18(2)(c) (Rs.)	Taxable Contractual Transfer Price (Rs.)	Tax Payable on (5) (Rs.)
(1)	(2)	(3)	(4)	(5)	(6)
					(a)	(b)	(c)
					@ 5%	@ 14.5%	@ .........



Total

Schedule 2

[Details of Form 18 received or receivable towards payment of tax deemed to have been made terms of sub-section (4) of section 32 by way of deduction of tax at source under section 40]

Sl. No.	Name of the contractee by whom deduction of tax u/s 40 was made	TDS enrolment No. / If enrolment No. not obtained Full Postal Address of the contractee	Total amount of payment received during the period (Rs.)	Total amount of tax deducted under section 40 during the period (Rs)	Form 18 received
					In full or not	Amount (Rs.)
					(Yes/No)
					(Yes/No)
Total

Schedule 3

[Purchase tax payable u/s 11 or/and u/s 12]

Sl. No.	Account Head(s)	Amount of Purchase (Rs.)	Goods involved (in brief)	PURCHASE TAX
				u/s 17(1)(a)	u/s 17(1)(b)
				@ 2%	@ 1%	@ 5%	@ 14.5%	@.........%	@.........%
(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)	(I)	(J)


	Total
Total [(E) + (F) +(G) + (H) + (I) + (J)]

PART 3A

[Details of contractual transfer price for those paying tax u/s 18(4), output tax, net tax, interest, etc.]

		As disclosed in the returns (Rs)	As found upon audit (Rs)	Difference (Rs)
		(A)	(B)	(C)
1	Contractual transfer price (excluding VAT)
2	No. of invoices, bills, etc raised during the period.
3	Tax payable u/s 18(4) @ 2% on 1 above
4	Purchase tax payable u/s 12 as per Schedule 3
5	Total output tax [3 + 4].
6	Tax paid under the W.B.V.A.T. Act, 2003.
7	Tax deducted at source u/s 40 as per Schedule 2
8	Interest payable u/s 33.
9	Interest paid under the W.B.V.A.T. Act, 2003.
10	Late fee payable u/s 32(2)
11	Late fee paid under the W.B.V.A.T. Act, 2003.

PART-3B

[For registered dealer enjoying deferment or remission or exemption under section 118(1)]

		As disclosed in the returns (Rs)	As found upon audit (Rs)	Difference (Rs)
		(A)	(B)	(C)
1	Output tax *deferred/remitted/exempted during the period
2	Output tax *deferred/remitted/exempted till 31st March of the preceding period.
3	Total output tax *deferred/remitted/exempted till the end of this period [1 + 2]
4	Input Tax Credit for the period to be accumulated u/s 22(8)
5	Input Tax Credit accumulated u/s 22(8) till 31st March of the preceding period.
6	Accumulated Input Tax Credit claimed as refund u/s 22(8A)
7	Amount of Input Tax Credit foregone in respect of claim made u/s 22 (8A)____
8	Total Input Tax Credit accumulated u/s 22(8) till the end of this period [4 + 5 - 6 - 7]

9	Eligibility certificate (i.e. EC) valid till
10	EC granted for manufacture of	Existing		Expanded
11	Whether EC is for the existing unit or expanded unit or both
12	Capacity of production in units	Existing		Expanded
13	No. of employees in payroll.	Existing		Expanded
14	Deferred tax payable, if any, during the period.	Existing		Expanded
15	Deferred tax paid during the period.	Existing		Expanded
16	Deferred tax still to be paid, other than 14	Existing		Expanded

*Strike out / delete whichever is not applicable.

PART - 4

[Details of purchase of goods directly dealt in by the dealer and stock transfer to him]

As disclosed in the returns (Rs)

As found upon audit

(Rs)

Difference

(Rs)

(A)

(B)

(C)

Purchase of goods exempt from tax i.e. Schedule A goods

Purchase of goods tax on which has been paid on MRP u/s 16(4) at the time of purchase or on an earlier occasion.

Purchase of goods from dealers paying tax under any composition scheme.

Purchase of goods from other State(s) of India within the meaning of section 3 of the CST Act, 1956.

Purchase of goods from outside India within the meaning of ection 5(2) of the CST Act, 1956.

Purchase of goods from other State(s) of India within the meaning of section(5) of the CST Act, 1956 [i.e. against Form H ]

Purchase of goods from registered dealers of West Bengal within the meaning of section 5(3) of the CST Act, 1956 [i.e. against Form 12A].

Purchase of goods, other than capital goods, from registered dealers of West Bengal against valid tax invoice (s):

		(Tax amount involved in Rs.)
		As disclosed in the returns	As found upon audit
(a)	@ 1%
(b)	@ 5%
(c)	@ 14.5%
(d)	@ ..............%
(e)	@..............%
	Total

Purchase of capital goods (excluding components, spare parts and accessories of plant and machinery), from registered dealers of West Bengal against valid tax invoice(s):-

		(Tax amount involved in Rs.)
		As disclosed in the returns	As found upon audit
(a)	@ 1%
(b)	@ 5%
(c)	@ 14.5%
(d)	@ ..............%
(e)	@..............%
	Total

Stock transfer from outside the State to the dealer in accordance with the provisions of section 6A of the CST Act, 1956.

Stock transfer from within the State to the dealer.

No. of waybills in Form 50 / 50A issued to the dealer.

No. of waybills in Form 50 / 50A utilised by the dealer.

Total value of import as per Form 50 / 50A utilised.

Total value of import as per column (4 + 5 + 6 + 10) above.

Annexure 1 of Part 4

[Details of purchases exceeding Rs. One lakh in a year from a NEW local supplier or a supplier whose accounts were squared up during the year and on which input tax credit or input tax rebate has been claimed during the year.]

Local supplier means a supplier who is a registered dealer of West Bengal and from whom no purchase was effected in the immediately preceding year.

SL No.	Local supplier's		Major Input	Use	Amount of Purchase (Rs.) -excl. of tax	Applicable tax rate (in%)	I.T.C. claimed (Rs.)
SL No.	Name/Trade name	TIN No.	Major Input	Use	Amount of Purchase (Rs.) -excl. of tax	Applicable tax rate (in%)	I.T.C. claimed (Rs.)
(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)


Total

Annexure 2 of Part 4

Input tax credit on stock of goods u/s 22(9) read with rule 22, if any.

1	Date of submission of statement of stock of goods.
2	Value of stock of goods- including W.I.P. (in Rs.)
3	Whether the statement was certified by the Chartered Accountant u/s 22(5).	Yes / No / Not applicable
4	Registration details:	Liable to pay tax w.e.f.	Appl. for regn. filed on	RC valid w.e.f.
4	Registration details:
5	Name of the major items included in stock above:
5	Name of the major items included in stock above:

PART 5

[Details of various forms/certificates issued * and / or received by the dealer during the period]

Sl. No.		Amount involved (Rs.)	Form/Certificate of (Rs.)
1	Form C issued in respect of goods purchased within the meaning of sec. 3(a) of the CST Act, 1956.
2	Form F issued in respect of goods received on account of Stock Transfer from outside the State under section 6A of the CST Act, 1956.
3	Form H issued in respect of goods purchased from other State(s) of India within the meaning of section 5(3) of the CST Act, 1956.
4	Form 12A issued in respect of goods purchased from registered dealers of West Bengal within the meaning of section 5(3) of the CST Act, 1956.
5	Form C received in respect of goods sold-
	(a) within the meaning of sec. 3(a) of the CST Act, 1956.
	(b) within the meaning of sec. 3(b) of the CST Act, 1956.
6	Certificate in EI *and/or E II received, in respect of 5(b).
7	Form F received in respect of goods sent on Stock Transfer to other State(s) under section 6A of the CST Act, 1956.
8	Form H received in respect of goods sold to dealers of other State(s) of India within the meaning of section 5(3) of the CST Act, 1956.
9	Form 12A received in respect of goods sold to registered dealers of West Bengal within the meaning of section 5(3) of the CST Act, 1956.

PART 6

[Remarks and observations in detail for the difference found between the amount as shown in the return and the amount as found upon audit and shown in Table 3 and its relevant Schedules and Annexure.]

Sl. No	Reference of the relevant Table and/or relevant Schedule	Reference of the relevant row	Difference (in Rs.)	Remarks on non-compliance, short comings, and deficiencies

If space provided anywhere in the form is insufficient, additional rows as required in the same format may be inserted.