Monday, September 15, 2008

Revised Returns under AVAT Act, 2003

Let us take an example. One dealer submitted his monthly return for May 2007 and in June 2008, he came to know that there was a mistake and accordingly he filed one revised return along with taxes (which was paid less due to errors) and interest thereon. Assessing officers raised the issue that the revised returns filed after a period of six month is not allowed under the Act and hence the same is invalid. Now he is going for assessment of the dealer under section 34 (Provisional Assessment).
It is very interesting issue and needs immediate attention of the readers, so that the dealer as well as the assessing officer can get rid of unwarranted situation.
I would take the oppotunity to initiate the discussion:-
Section-24 relating to 'Periodical Returns and payment of tax' says as follows:-
1. Every registered dealer and every dealer liable to pay tax shall furnish a correct and complete tax return in such form for such period, by such dates and to such authority, as may be prescribed:
2. Every registered dealer and every dealer liable to pay tax shall furnish, in addition to the tax return, if any, furnished under subsection (1), a correct and complete annual return in the prescribed form within such time as may be prescribed.

3. If ............dealer.
4. If any dealer having furnished a tax return or an annual return under this section, discovers any omission or any other error in the return so filed, he may without prejudice to the charge of any interest, furnish revised tax return or revised annual return, as the case may be, in the prescribed manner and within the prescribed time.
Rule 17(8):
In case of discovery of any omission or any other error in the tax return or annual return filed, the dealer may furnish a revised tax return or the revised annual return, as the case may be, within a period of six months from the due date of submission of tax return or annual return, as the case may be:
Provided that, no revised tax return or revised annual return shall be entertained if the case has been taken up for audit assessment and notice to that effect has already been served on the dealer.

Hence, it is very much clear that as per section and rule, revised returns can be submitted only within 6 months of.............. But the question arises, what should be done, if a dealer realises/ dicates some mistakes after time period of 6 months? Act and rules are silent on this issue.
Contd.....2

Sunday, September 14, 2008

नमस्कार। वेट असम का यह ब्लॉग आप सभी के सहयोग से अपने मकसद को प्राप्त करेगा ऐसी मेरी अभिलाषा है। मकसद यह है की वेट असम की छोटी बड़ी सभी किस्म की समस्याएं इस ब्लॉग में चर्चा की जाए और एक दुसरे की जानकारियां और विवेचनाओं को हम आपस में बाँट सकें।
TODAY LET US START OUR DISCUSSION ON THE WORKS CONTRACT WITH S PECIFI REFERENCE TO TURNOVER.
I AM PUTTING THIS QUESTION BEFORE YOU PEOPLE FOR YOUR KIND RESPONSE:-
What do we mean by the term Gross Turnover of a woks contractor?

Thanks