28. Periodical returns and payment of tax.-

(1) Every registered dealer shall furnish return in such form for such period, by such dates and to such authority, as may be prescribed:

Provided that the Commissioner may, subject to such conditions and restrictions as may be prescribed, exempt any such dealer or class of dealers from furnishing such returns or permit any such dealer -

(a) to furnish them for such different periods; or

(b) to furnish a consolidated return relating to all or any of the places of business of the dealer in the State of Nagaland for the said period or for such different periods and to such authority, as he may direct.

(2) If the Commissioner has reason to believe that the turnover of sales or the turnover of purchases of any dealer is likely to exceed or has exceeded the taxable limit as specified in sub-section (5) of section 8, he may, by notice served in the prescribed manner, require such dealer to furnish return as if he were a registered dealer, but no tax shall be payable by him unless his gross turnover exceeds the taxable limit provided under sub-section (5) of section 8.

(3) If any dealer having furnished returns under sub-section (1) or sub-section (2), discovers any omission or any other error in the return so filed, he may furnish a revised return before the expiry of two months next following the last date prescribed for furnishing the original return relating to the tax period.

(4) Every dealer required to file return under sub-section (1) or sub-section (2) shall pay the full amount of tax payable according to the return or the differential tax payable according to the revised return furnished, if any, into the Government treasury or in such other manner as may be prescribed and shall furnish along with the return or revised return, as the case may be, a receipt showing full payment of such amount.

(5) Where a deduction of an amount of tax is made under sub-section (3) of Section 92 from the payment of any sum to a dealer for execution of works contract, and such amount is deposited under sub-section (4) of that Section, the deduction of such amount shall be deemed to be a payment of tax by such dealer made by him on the date of such deduction, and he shall furnish along with his return required under sub-section (1) of this Section, in respect of such amount a copy of the certificate of deduction referred to in sub-section (4) of Section 92, duly certified by such dealer, as proof of such payment of tax:

Provided that where a dealer does not receive a certificate of deduction under sub-section (4) of Section 92 on or before the prescribed date of furnishing a return for a return period, he shall furnish the return stating the fact in writing, and he shall undertake to furnish the copy of such certificate of deduction within fifteen days from the issue of such certificate to him under sub-section (4) of Section 92.

(6) Every return under this Section shall be signed and verified -

(a) in case of an individual, by the individual himself, and where the individual is absent by some person duly authorized by him in this behalf;

(b) in the case of a Hindu Undivided family, by the Karta,

(c) in the case of a company or local authority, by the principal officer or chief executive thereof;

(d) in the case of a firm, by any partner thereof not being a minor;

(e) in the case of any other association, by the person competent to Act on behalf of the association.

Explanation:- For this purpose the expression "Principal Officer" shall have the meaning assigned to it under clause (35) of Section 2 of the Income Tax Act 1961.