09 June 2012
Provisions which are applicable on casual traders are as follows:
1) A casual trader shall, at least three days before commencing his business in the State, make an application in Form VAT-A3 in person or through his authorised agent to the officer incharge of the district who shall assign the same to the assessing authority.
2) On receipt of an application made under section 25(1), the assessing authority shall verify immediately the contents. After obtaining such further information as it may consider necessary for estimating the tax liability of the applicant, direct him to deposit in the appropriate Government treasury or pay in cash against receipt in Form VAT-G4 an amount, which shall not exceed estimated tax liability for seven days or such lesser period for which he wishes to conduct business, as security.
3) After proof of payment received by assessing authority it shall allot a temporary registration number to the casual trader and shall issue him a registration slip in Form VAT-G5 along with as many declarations in Form VAT-D3.
4) The assessing authority may, after allotting temporary registration number to a casual trader, issue to him in limited number, forms for use as the declaration referred to in section 31(2) for bringing goods for sale in the State and for taking the goods left unsold. The casual trader shall render complete account of the used forms and surrender the unused forms with the return referred to in section 25(1)(d).
5) Every casual trader shall furnish a return in Form VAT-R5 in respect of his business to the appropriate assessing authority immediately or within three days , after the closure of his business in the State. The return shall be accompanied with the proof of payment of tax and unused VAT-D3 declaration form(s), if any.
6) After examination of, the return furnished to it by the casual trader under section 25(1)(d), the forms referred to in section 25(3) and the accounts maintained by him including the sale invoices issued, the assessing authority shall assess him to tax on the day when the return is received or as soon afterwards as possible and after adjusting any tax due from him refund the balance amount of security to him.
7) Pay tax daily on sales made during previous day in the manner laid down in Rule35.
8) Not issue any tax invoice for sale of goods by him and no dealer to whom any goods are sold by such dealer shall be entitled to any claim of input tax.
Note: The provisions of section 11, section 15 and section 28 shall not be applicable on casual traders.
11 June 2012
CASUAL TRADER: Explanation of section 26-A of the U. P. VAT Act, 2008 defines casual dealer in following terms: In this section casual trader means a person who, whether as principal, agent or in any other capacity undertakes occasional transactions in the nature of business involving buying, selling, supply or distribution of goods or conducting any exhibition-cum-sale in Uttar Pradesh whether for cash, differed payment, commission, remuneration or other valuable consideration. SUBMISSION OF RETURN BY CASUAL DEALERS Sub-rule (10-A) of Rule 45 prescribes the time limit for submission of tax return by a casual dealer in following terms: "Every casual dealer shall furnish to the assessing authoritythe tax return in Form XXIV-D on the succeeding day after the conclusion of the business."
TRADERS WHO HAVE OPTED RETAILER'S COMPOSITION SCHEME OF PAYMENT OF TAX Dealers who exclusively carry on business of trading of goods and who- (i) make all their purchases and sales within U. P.; (ii) do not issue VAT Tax Invoice; and (iii) whose annual turnover does not exceed fifty lakh rupees, may opt composition scheme of payment of tax. Such dealers are not entitled for claiming Input Tax Credit (ITC). FILING OF PERIODICAL RETURN BY DEALERS WHO HAVE OPTED RETAILERS COMPOSITION SCHEME Relating to such dealers, clause (a) of sub-rule (10) of rule 45 runs as follows: "Every dealer to whom first proviso of subsection (1) of section-6 applies shall, before expiry of period of twenty days after the end of the quarter,deposit tax in the prescribed manner and shall submit challan to the assessing authority and shall submit only annual return as prescribed under sub-rule (7)." Thus we see that such dealers are required to deposit tax on quater basis and they are not required to submit periodical returns (monthly or quarterly returns).
11 June 2012
CASUAL TRADER: Explanation of section 26-A of the U. P. VAT Act, 2008 defines casual dealer in following terms: In this section casual trader means a person who, whether as principal, agent or in any other capacity undertakes occasional transactions in the nature of business involving buying, selling, supply or distribution of goods or conducting any exhibition-cum-sale in Uttar Pradesh whether for cash, differed payment, commission, remuneration or other valuable consideration. SUBMISSION OF RETURN BY CASUAL DEALERS Sub-rule (10-A) of Rule 45 prescribes the time limit for submission of tax return by a casual dealer in following terms: "Every casual dealer shall furnish to the assessing authoritythe tax return in Form XXIV-D on the succeeding day after the conclusion of the business."