48. Manner of deduction and deposit of the amount towards payment of tax for works contract and supplies deducted at source. -

(1) Where a deduction of an amount towards payment of tax in respect of any works contract or supplies is made at source by a Government, authority or person under sub-section (3) of section 92 of the Act from any dealer, the person making such deduction for such Government, authority or for himself shall, within ten days from the expiry of each calendar month, deposit through challan into a Government Treasury or designated Bank the total amount so deducted from one or more dealers or contractors during the preceding month.

(2) The challan shall specify the name, designation and address of the person making deposit of the amount referred to in sub-rule (1) and mention therein the department of the Government or the authority or the person on whose behalf such deposit is made.

(3) Notwithstanding anything contained in sub-rule (1) and sub-rule (2), where deduction of any amount towards tax is made and the person making such deductions adopts "Public Works system of accounting", such person shall, within ten days from the expiry of the calendar month during which such deduction is made, incorporate the sum so deducted in the "monthly divisional account statement" and send the said statement to the Accountant General, Nagaland, for transfer of the sum to the account under the head of account 0040-Sales Tax, and after such transfer, it shall be deemed to have been deposited under sub-section (3) of section 92 of the Act.

(4) On transferring the deposit of the amount referred to in sub-rule (3), a copy of the "monthly divisional account statement" showing the total amount of tax deducted during such month as referred to in the said sub-rule shall be sent to the Commissioner within 45 days from the date immediately following the date of expiry of the calendar month during which deduction is made, and the other copy shall be retained by the person who deposits such amount.

(5) Issue of Certificate of Deduction of the amount towards payment of tax on Works Contract and Supplies:- The person who deducts and deposits any amount towards payment of tax in respect of works contract and supplies under sub-rule (1) or (3) shall, within 15 days from the date of deposit, issue a certificate of deduction in Form VAT-32 in respect of such dealer.

(6) Scroll for deposit or transfer of the amount deducted at source to be sent to the Commissioner.- The person who deducts the amount towards payment of tax in respect of works contract or supplies under sub-section (3) of section 92 of the Act and deposits such amount under sub-rule (1) or transfers such amount under sub-rule (3) as the case may be, shall, within 45 days from the date immediately following the date of expiry of the calendar month during which such deduction is made, send to the Commissioner -

(a) a scroll in Form VAT-33 in respect of the amount specifying therein, inter alia, the amount deducted and deposited under sub-rules (1) or (3), as the case may be, from each dealer or contractors during such month, the name and address of each dealer or contractor from whose payment such amount has been deducted, the number of the Certificate of Registration under the Act of such dealer or contractor, and the serial number and date of the certificate of deduction issued to each dealer.

(b) a copy of certificate of deduction issued to each dealer, and

(c) a copy of the receipted challan evidencing payment of the amount deposited during each month into the Government Treasury or designated Bank, or a copy of the monthly divisional account statement referred to in sub-rule (4).