In exercise of the powers conferred by sub-section (1-B) read with sub-section (2) of Section 20-A of the Madhya Pradesh VAT Act, 2002 (No. 20 of 2002), the State Government, hereby, notifies the following class of registered dealers whose assessments cases are pending under the Madhya Pradesh VAT Act, 2002, Central Sales Tax Act, 1956 (Act No. 74 of 1956) and the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (No. 52 of 1976), for year 2010-11 and directs that their assessments shall be deemed to have been made for the purpose of sub-section (1) of Section 20 of the VAT Act, subject to the following requirements, restrictions and conditions, namely :-
1. The class of registered dealers.-
The registered dealers having annual turn over up to Rupees 10 crores during the financial year 2010-11, but does not include the following:-
(1) Such Industrial unit which are eligible to avail of the facility of exemption/deferment of payment of tax /Investment Promotion Assistance under any notification issued by the Government of Madhya Pradesh.
(2) The dealers in whose cases tax evasion has been detected for the financial year 2010-11.
(3) The dealers in whose cases notice has been issued for additional amount of tax under clause (b) of sub-section (5) of Section 18 of the VAT Act and this requirement has not been complied with.
(4) In compliance of the notice issued after tax audit under sub-section (6) of Section 19 of the VAT Act, the amount of tax and interest, as the case may be, has not been deposited.
(5) In case refund of any kind is due to him under VAT Act, 2002 or Central Sales Tax Act, 1956 or the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976.
(6) Such dealers, whose cancelled VAT Registration certificates have been restored during 2010-11.
2. Acts and the assessment year.-
Pending assessment cases under the Madhya Pradesh VAT Act, 2002, Central Sales Tax Act, 1956 and the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 for the financial year 2010-11.
3. Application.-
An application shall be submitted separately in Form-'A', 'B' and 'C appended to this notification under the VAT Act, 2002, Central Sales Tax Act, 1956 and Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976.
4. Time limit for submission of the application and the competent officer.-
An application shall be submitted by the eligible dealer upto 15th July, 2013 in Form 'A' or 'B' or 'C appended to this notification whichever applicable, to the appropriate assessing officer before whom the assessment case for the financial year 2010-11 is pending.
5. The documents to be enclosed with the application.-
(1) A copy of challan in proof of payment of amount of tax and interest, if any, paid for relevant year.
(2) A list of purchases for the rebate of input tax shall be submitted with the application under VAT Act (Specifying the name of seller, TIN, bill number, date, amount of bill and amount of VAT collected separately).
(3) Every dealer whose turnover during the financial year 2010-11 exceeds Rs. Sixty lacs shall submit an audit report prepared by Chartered Accountant.
(4) The declaration prescribed for exemption of tax and concessional rate of tax under the Central Sales Tax Act (Form-C/F/E-l/E-2/H/I) shall be enclosed along with their list.
6. For the dealers who have not submitted application.-
In respect of a dealer who has not submitted application under this notification, if no information is available relating to purchases or sales made during the relevant period in the departmental record or where a field report has been filed by any departmental officer to the effect that no purchases or sales have been made in the relevant period, the assessment shall be deemed to have been made for such dealer.
7. The selection of application-
The Commissioner shall select applications out of received ones from dealers by specifying the criterion, as he may think fit, and thereupon assessment of such dealers shall be made in accordance with the provisions of the respective Acts and Rules.
8. Procedure to be followed under which assessment shall be deemed to have been made.-
(1) If the competent officer, before whom an application is submitted, finds any enclosure as incomplete or any mistake in respect of calculation is detected, he shall afford one opportunity of hearing to the applicant.
(2) If any defect as aforesaid is found after recording the reasons thereof, a show cause notice shall be issued and the date of hearing shall be fixed and communicated to the applicant.
(3) The applicant shall rectify the defect, if any, and file the documents. After the removal of defects the competent officer shall accept the application and thereupon assessment shall be deemed to have been made.
(4) If the dealer remains absent on the date fixed for hearing or the defect is not removed, the application shall be rejected and intimation thereof shall be sent to the dealer.
(5) The intimation for acceptance of the application shall be sent within 30 days from the date of application. In case communication within above mentioned period is not given to the dealer, it shall be presumed that his application has been accepted.
(6) Appropriate instructions for the implementation of the scheme may be issued by the Commissioner, Commercial Tax.
FORM-A
Application under the Notification No ..............dated................
for the assessment case of financial year 2010-11 under Madhya Pradesh VAT Act, 2002
To,
The Assessing Authority, (Officer)
.......................................................
1
........................................................
2
3
4
(Attach form 'F' along with list). :
5
6
10. Calculation of input tax rebate
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I,................................................ Proprietor/Partner/Director of......................................................, hereby, verify that the above facts are true to the best of my knowledge and belief.
FORM-B
Application under the Notification No........................ dated................
for the assessment case of financial year 2010-11 under Central Sales Tax Act, 1956
................................................................
7
8
9
10
I, ...............................Proprietor/Partner/ Director of................................................... hereby verify that the above facts are true to the best of my knowledge and belief.
FORM-C
for the assessment case of year 2010-11 under Entry Tax Act.
The Assessing Officer,
......................................................
RAMESHWAR MISHRA, Dy. Secy.