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THE WEST BENGAL VALUE ADDED TAX RULES, 2005
CHAPTER VIA : DECLARATIONS AND OTHER EVIDENCES IN SUPPORT OF A DEALER`S CLAIMS FOR DEDUCTIONS FROM TURNOVER OF SALES UNDER CLAUSE (B) OF SUB-SECTION (1) OF SECTION 16 AND AUTHORITIES FROM WHOM, AND THE MANNER IN WHICH, DECLARATION FORMS TO BE OBTAINED, RESTRICTIONS AND CONDITIONS FOR USE OF SUCH FORMS AND FINE FOR MISUSE OF SUCH FORMS AND FINE FOR CONTRAVENTION OF THE PROVISIONS.

Body 30Q. Declaration and evidence for claiming refund.-

(1) Where a registered dealer makes sales of goods and intends to claim refund under clause (a), or clause (aa), or clause (ab), of section 61, such registered dealer shall, on demand, furnish before the refund sanctioning authority as referred to in sub-rule (2) of rule 76 or the appropriate assessing authority or the appropriate auditing authority, as the case may be, the evidence and relevant particulars of such sales and the purchases related to such sales and he shall also furnish a declaration in own stationery in Form 12B duly filled in and signed by the registered dealer from whom such goods have been purchased.

(2) The selling dealer shall, by way making a declaration in Form 12B, inter alia, certify that-

    (a) the goods particulars of which are furnished in the said declaration were sold to the purchasing dealer;

    (b) the said transaction of sale was entered in the books of account and was disclosed in the return; and

    (c) the amount of tax charged on the said transaction of sale was recorded in the output tax account and was paid by him in the manner laid down in rule 43 in the appropriate Government Treasury or that the amount of tax charged on the said transaction of sale was recorded in the output tax account and was adjusted by way of input tax credit referred to in clause (19) of section 2 and the net tax, if any, payable after such adjustment was paid in the manner laid down in rule 43:

Provided that a single declaration in Form 12B may cover all transactions of sale taken place in a quarter of a financial year between the same two dealers.