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Profession Tax Maharashtra- Recent changes

CA CS Pawan Jajoo 
on 19 February 2013

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Points-

1. Profession Tax E-Enrollment-

3rd proviso to Sec 3(2) is inserted from 01.05.2012. Which states that, a person who is liable to pay tax has remained un-enrolled; then, his liability to pay tax under this section for the periods for which he has remained so un-enrolled shall not exceed eight years from the end of the year immediately preceding the year in which he has obtained the enrolment certificate or the year in which the proceeding for enrolment is initiated against him, whichever is earlier.

2. Rate of Interest –

Under composition scheme of Profession Tax interest is Rs. 200/- p.m , where as  in normal case interest upto 30.06.04  - 2 % p.m

From 01.07.04  - 1.25 % p.m

3. E Return-

Filing of E Return for Employer is made mandatory with effect from 01-Aug-2011 in form IIIB Form (As per Trade Circular 1T 2012).

4. New number-

Employers Registered before 22nd July 2007 having old PTRC number can get New PT number automatically by e-enrolling on mahavat.gov.in. Those who are registered from 22.07.07 has already been granted new PTRC number

5. Multiple Place of business Registration-

If dealer is having  multiple place of business following in different jurisdiction of Sales Tax Office , will have to get PTRC number for each such Premises/Branch/Place. That is if place of business is following in same jurisdiction then only one PTRC number should be taken.

6. Requirement of TAN-

For obtaining Registration Certificate (PTRC), For Principal place of business within the state of Maharashtra mentioning of TAN is optional. However if employer is applying for Registration Certificates for places other than his principal place of business in the state of Maharashtra , then he should also enter TAN number of that other location for which he is making an application.

(Trade Circular 5 T of 2012)

7. Exemption from E Registration-

E Registration is mandatory for all person except for holders of Permit for transport vehicle covered under Entry No.13 of Schedule I of Profession Tax Act granted under the motor vehicles Act 1988. Such Person should directly approach the concerned RTO for Enrollment certificate.

8. E-Payment-

With effect from 01-July-2012 every employer holding Profession Tax Registration Certificate (PTRC) shall pay Tax, Interest, Penalty or any amount due and  payable by or under the said act electronically.

(Notification Dated 14-06-2012)

9. Assessment-

a) Where all the returns are filed by the employer for any year starting on or after the 1st April 2004 within one month from the end of the year to which such returns relate, no order of assessment under the provisos to sub-section (2) in respect of that year shall be made after the expiry of three years from the end of the said year; and if for any reason such order is not made within the period aforesaid, then the returns so filed shall be deemed to have been accepted as correct and complete for assessing the tax due from such employer If return are not filed within time then time limit for assessment is 8 yrs.

b) In case of returns pertaining to the years on or before the 31st March 2004, and filed on or before the 30th September 2004, no order of assessment shall be made under the provisos to sub-section (2) on or after the 1st April 2007.

10. Return Periodicity for Employers-

Previous year Tax Payemnt < Rs.50000/-  Annually

Previous year Tax Payemnt > Rs.50000/- Monthly

New Registration  Monthly

11. Time limit for payment of Assessment Dues-

The amount of tax so assessed shall be paid within fifteen (15) days of receipt of the notice of demand from the prescribed authority.

12. Appeal Time Limit-

Profession Tax  appeal can be filed within 60 days from date of receipt of notice of Demand. Provided that, the appellate authority may admit the appeal after the expiry of the above period, if he is satisfied that there was sufficient cause for the delay.

13. Help Desk-

Employers/Professionals/Persons having any sort of Queries/problems/suggestions in this respect may contact on Email Id- pteservices@mahavat.gov.in

Source- www.mahavat.gov.in

Disclaimer- Writer will not be responsible for any errors or omission in this write up. Interpretation of Acts, rules, regulations etc. may vary from person to person.

CA Pawan Jajoo

Amravati




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