In exercise of the powers conferred by section 99 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government hereby makes the following rules further to amend the Rajasthan Value Added Tax Rules, 2006, namely:-

1. Short title and commencement.-

(1) These rules may be called the Rajasthan Value Added Tax (Amendment) Rules, 2008.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Amendment of rule 18.-

In rule 18 of the Rajasthan Value Added Tax Rules, 2006, herein after referred to as the "said rules",-

(i) the existing sub-rule (2) shall be substituted by the following, namely:-

" (2) Input tax credit in respect of purchase of capital goods on VAT invoice by an existing unit shall be allowed in two half yearly equal installments in the month of September and March. However, in case of a new industry or expansion or diversification of an existing industry, such input tax credit shall be allowed in the above manner starting from the immediately succeeding September or March, after the first sale of the goods manufactured from such capital goods:

Provided that in case of an existing unit, where the per item value of the capital goods does not exceeds rupees one lac, the input tax credit shall be allowed in the tax period of their purchases."

(ii) in sub-rule (11), after the existing expression "within the time specified in the notification." the expression "However, in case a dealer has availed such input tax credit even before the above specified period, such input tax credit would be reversed unless the dealer deposits interest for the period of earlier availment of such input tax credit up to March 31, 2008." shall be added.

3. Amendment of rule 19.-

In rule 19 of the said rules,-

(i) for the existing sub-rule (1), the following shall be substituted, namely:-

"(1) The return referred to in sub-section (1) of section 21 of the Act, shall be submitted by a dealer, who has not opted for payment of tax under sub-section (2) of section 3 or section 5, or under a notification issued under sub-section (3) of section 8 of the Act, in Form VAT-10 for each quarter within thirty days of the end of the quarter. However, where a dealer files return electronically along with the requisite documents or submits the same in the soft copy to the Department and informs his assessing authority or the officer authorised by the Commissioner, his intention to file monthly returns, he may file monthly returns within twenty days of the end of the month.

Explanation: Quarter means the period of three months ending on 30th June, 30th September, 31st December and 31st March and month shall mean calendar month."

(ii) in sub-rule (2), for the existing expression "or section 5 of the Act", the expression "or section 5 or under a notification issued under sub-section (3) of section 8 of the Act" shall be substituted.

(iii) for the existing clause (e) of sub-rule (3), the following shall be substituted, namely:-

"(e) statement of sales to registered dealers, other than those who exercise option under sub-section (2) of section 3, or under section 5 or sub-section (3) of section 8, in Part-I of Form VAT-08;"

4. Amendment of rule 19A.-

In clause (d) of sub-rule (2) of the rule 19A of the said rules, for the existing expression "in Form VAT- 09" the expression "in Part-I of Form VAT-08" shall be substituted.

5. Insertion of new rule 22A. -

After the existing rule 22 and before rule 23 the following new rule shall be inserted, namely.-

"22A. Option for annual assessment by the dealers.-

(1) Where a dealer desires to opt for annual assessment under proviso to section 23 of the Act, he shall inform, his assessing authority or the officer authorized by the Commissioner in writing on a plain paper, his intention to do so, within thirty days of the commencement of the year for which such option is being exercised.

(2) Once the option under sub-rule (1) has been exercised, the opting dealer shall not be entitled to withdraw the same for that year."

6. Amendment of Form VAT-07.-

In Form VAT-07 appended to the said rules, -

(i) in part I, after the existing column number 5 and before column number 6 the following new columns '5A and 5B' shall be inserted , namely:-

(ii) in part II, after the existing column number 5 and before column number 6 the following new columns '5A and 5B' shall be inserted , namely:-

7. Amendment of Form VAT-08.-

For the existing Form VAT  08 appended to the said rules, the following shall be substituted, namely:-

"Form VAT- 08

[See Rule 18(1) (b) 19(3)(e)& 36]

Sales Register

1. Name of the Dealer (Proprietor/Firm name/Company name etc.)

2. Registration No. (TIN)

Part-I [Sales within State to VAT dealers other than dealers under section 3(2) and 5]

Part-II [Sales within State other than mentioned in Part-I]

Part-III [Sales other than within State]

Note : Calculate liability to pay Purchase Tax under section 4(2) of the VAT Act, 2003"

8. Amendment of Form VAT-09.-

The existing Form VAT-09 appended to the said rules shall be deleted.