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The salient features of the amendments are briefly explained
below:-
Notification No. VAT-1514/CR – 29/Taxation-1 dated 23.07.2014
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Amendment to sub-rule (4)
of rule 17, second proviso to clause (a) is substituted:-
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Prior to the amendment as per the provisions of the second
proviso to clause (a) to sub-rule (4) of rule 17, the retailer who has opted
for the Composition and the deemed dealer were required to furnish the
details of sales and purchases for the entire year in Annexure- J1, J2 and
other details in Annexure-C and D for the entire year along with the last
return of the year.
Now by virtue of this amendment, the retailer opting for the Composition and
the deemed dealer will have to furnish the details of sales and purchases for
the period covered by return in Annexure J1, J2 along with the filing of each
six monthly return. The other details for the entire year in Annexure-C and D
are to be filed alongwith the second and last six monthly return, on or
before the 30th June of the succeeding year with effect from the financial
year 2014-15.
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iv)
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First proviso to clause (d) is substituted and
two sub-clauses to the proviso are provided:-
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Prior to the amendment, the first proviso related to the dealer
who was not required to file Form 704. These dealers were required to
file the Annexures J1,J2,C,D,G,H and I along with the last monthly, quarterly
or six monthly return within ninety days from the end of that financial year.
By virtue of this amendment, the aforesaid proviso substituted with two
sub-clauses (i) and (ii).
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The first sub-clause (i) is in, respect of the dealer who is
required to file an Audit Report in Form 704. This dealer will now be
required to furnish the details of sales and purchases for the period covered
by return in Annexure- J1, J2 along with every monthly, quarterly or six
monthly return. It is clarified that these dealers shall continue to file
Annexur es- J1 and J2 for entire year along with Form 704 Audit “Report.
The dealers who have not filed the Annexure-J1, J2 alongwith their monthly
returns for the month April, May, June and July 2014 or alongwith their
quarterly return for the period April- June 2014 shall file the Annexures
alongwith the return for the period ending on the 30 September 2014. The new
sub-clause [ii] is in respect of the dealer who is not required to file an
Audit Report as provided under section 61.
This dealer will also be required to furnish the details of sales and
purchases in Annexure- Jl, J2 along with every monthly, quarterly or
six-monthly return for the period covered by return. The other details in
Annexure-C,D,G,B and I for the entire year will be filed along with the last
monthly, quarterly or six monthly return on or before the 30th June of the
succeeding year with effect from the financial year 2014-15,
The dealers who have not filed the Annexure-J1, J2 along with their monthly
returns for the month April, May. June and July of the year 2014 or along with
their quarterly return for the period April 2014 to June 2014 shall file the
Annexures along with the return for the period ending on the 30 September
2014.
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(2) New proviso is added after sub-clause (iii) to clause (e):-
It may be recalled that in the Trade Circular No.4T of 2014 dated 28.01.2014,
the applicants with six monthly periodicity who were unable to make quarterly
applications for the CST declarations were given the option of changing their
periodicity to quarterly. -This provision is now made statutory by adding a
new proviso is added after sub-clause [iii) to clause (e). By virtue of this
amendment
periodicity@mahavat.gov.in on or, before 15th May of that financial year.
Such changed periodicity shall be final unless it is changed to
monthly as per the provisions of clause (c) to sub-rule (4). This provision
would be applicable from the financial year 2015-16.
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2. Amendment to Form 101:-
By virtue of this amendment the applicant in case of proprietor or partner
(authorised signatory) will now be required to furnish his Aadhaar Card (UID)
Number in the application form for registration” The said provision is
not compulsory but if Aadhaar Card (UID) Number is available then the dealer
may provide it as supplementary document for proof of residence.
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II. Notification No.VAT-1514/CR-62/Taxation-l dated 13.08.2014
1. Amendment to first proviso of clause (d) of Rule 17(4):- Due to the
amendment to section 61, the turnover limit has been raised to Rs.l crore
from Rs. 60 lakh for filing of Audit Report. As a result the dealer whose
turnover for the financial year 2013-14 is less than Rs.l crore but more than
Rs.60 lakh are not required to file audit report in form 704. They are also
not required to file the annexures with return ending March 2014. Now it is
provided that these dealers shall file annexure alongwith the return for the
period ending on the 30th September 2014. Sub-clause (iii) has been added to
the first proviso of clause (d) of rule 17(4).
(ii) By way of this new sub-clause (iii) such dealer who is not required to
file an Audit Report for the financial year 2013-14 will furnish the details
of sales and purchases in Annexure- J1, J2 and other details in Annexure-C,D,G,H
and I along with return for the period ending on the 30th September 2014.
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2. Deletion of rule 22:
(i) Sub-section (9) of section 23 has been deleted with effect from
23.06.2014. Rule 22 provided that the application for direction
under sub-section (9) of section 23 was to be made in Form 305. This rule has
now become redundant due to deletion of sub-section (9) of section 23. Hence
rule 22 is deleted.
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(ii) As a result no directions can be issued after the date of
amendment i.e. 23.06.2014 even if, the application seeking clarification is
made prior to amendment.
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3. Amendment to rule 67:
Rule 67 provides for the intimation under sub-section (7) of section 63 in
Form 604. A new “Table-2” is provided whereby the findings of Issue
Based Audit will be communicated.
Further by way of amendment to rule 67 two more Forms 604A and 605 are added
to this rule.
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(i) Form 604A: By analyzing the information stored in electronic
form available in e-Returns, Audit Report e- 704 and other documents ,
available in electronic format with the ,Sales Tax Department, Computerised
Desk Audit would be carried out and the results would be intimated to the
dealer for compliance. The intimation will be in Form 604A if the findings of
audit in relation to specific issues are based upon such analysis of
electronic data available with the Sales Tax Department i.e. Computerised
Desk Audit (CDA).
(ii) Form 605: The findings of the Issue Based Audit and Comprehensive Audit
are intimated in Form 6014 and the findings of Computerised Desk Audit are
intimated in Form 604A. If the findings are accepted by dealer and return or
revised return is filed thereafter then the closure of audit shall be
communicated to the concerned dealer. The closure intimation will be in Form
605.
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It may be noted that by virtue of amendment in sub-section (7)
of Section 63 of MyAT Act, 2002, the intimation in Form 604, 604A and 605 is
now mandatory. It shall be communicated in all the above cases.
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