Returns and filing
A simplified form of returns may be used and such form is to be notified by each State. Returns are to be filed monthly/quarterly as specified in the State Acts/Rules, and will be accompanied with payment challans.
Every return furnished by dealers will be scrutinized expeditiously within prescribed time limit from the date of filing the return. If any technical mistake is detected on scrutiny, the dealer will be required to pay the deficit appropriately.
Every return shall be signed and verified -
- In the case of an individual, by the individual himself, and where the individual is absent from India, either by the individual or by some person duly authorized by him in this behalf and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;
- In the case of a Hindu Undivided Family, by a Karta and where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family;
- In the case of a company or local authority, by the principal officer thereof;
- In the case of a firm, by any partner thereof, not being a minor;
- In the case of any other association, by any member of the association or persons;
- In the case of a trust, by the trustee or any trustee; and
- In the case of any other person, by some person competent to act on his behalf.
The basic simplification in VAT is that VAT liability will be self-assessed by the dealers themselves in terms of submission of returns upon setting off the tax credit.
Return forms as well as other procedures will be simple in all States. There will no longer be compulsory assessment at the end of each year as is existing now. If no specific notice is issued proposing departmental audit of the books of accounts of the dealer within the time limit specified in the Act, the dealer will be deemed to have been self-assessed on the basis of returns submitted by him.
An appeal from every original order under the VAT Act or the rules made thereunder shall lie,-
- if the order is made by a an Assistant Commissioner or Sales Tax Officer, or any other officer subordinate thereto, to the Deputy Commissioner;
- if the order is made by an Deputy Commissioner, to the Joint Commissioner;
- if the order is made by a Joint Commissioner, Additional Commissioner, or Commissioner, to the Tribunal.
(2) In the case of an order passed in appeal by an Deputy Commissioner or, as the case may be, by a Joint Commissioner, a second appeal shall lie to the Tribunal.
(5) The Commissioner on receipt of notice that an appeal against the order passed in appeal by the Deputy Commissioner or, as the case may be, by the Joint Commissioner has been preferred by the other party to the Tribunal may, within thirty days of receipt of the notice, file a memorandum of cross objection against any part of the order passed in appeal by the Deputy Commissioner or, as the case may be, by the Joint Commissioner and such memorandum shall be disposed of by the Tribunal as if it were an appeal
A person/ Commissioner of Commercial Taxes not satisfied by the order of the Tribunal may approach the High court of the State either in appeal or revision within Ninety-days from the date of communication of the order, the decision of which will be final.