21 May 2012
Form 409 pertains to a declaration under Maharashtra VAT where works contract is involved and Principal Contractor agrees to pay the tax for sub-contractor. This is to be issued for work carried out by sub-contractor. f the contractor allots the works contract to the sub-contractor, then the contractor and sub-contractor are treated as Principal and agent. The responsibility for payment of tax will be joint and several. However the contractor can make the payment of tax on contract and sub-contractor can take deduction by obtaining declaration and certificate in Forms 406 and 409 from the contractor. Similarly if the sub contractor has made payment of tax on contract allotted to him, then contractor can take deduction to that extent by obtaining declaration and certificate in Forms 407 and 408 from sub-contractor.
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