Periodicity of filing mvat return


23 March 2013

Dear Sir In our case mvat and cst return filing periodicity shown on the website of mahavat is six monthly which we were filing correctly last 5-6 years. Now for FY 2012-13 when we were filing six monthly returns we saw on the mahavat site that periodicity is mentioned quarterly even though our sales and purchase during FY 2011-12 was NIL. When contacted, STO replied that on the basis of FY 2010-11 TAX LIABILITY (which was Rs 7 lac ) the periodicity for FY 2012-13 is decided and put on website. Our company's is closed since last 4-5 years that means no purchase no sales. Only in FY 2010-11 machinery sold transaction was there that is why that tax liability of Rs 7 lac was there . FIRST QUESTION I think periodicity is decided on the basis of previous year transactions and tax liability. So for FY 2012-13 periodicity should be decided on the basis of tax liability of FY 2011-12 which in our case it was NIL because there were no sales no purchase. Whereas the STO is replying that return has to be filed on quarterly basis because periodicity was decided on the basis of tax liability of FY 2010-11 becuase for FY 2010-11 assessement is done in the 2011-12 so on that basis system autometically changes the periodicity on the website. In this case STO is saying even they can not do nothing. Please anybody tell me what is the correct position of law in this regard. SECOND QUESTION If the answer is that we have to file return quarterly then whether mvat and cst both the returns we have to file. I mean is it necessary to file CST return when there is no sales and no purchase. THIRD QUESTION Rs 5000 penalty is to be paid seperately for mvat as well as cst return . FOURTH QUESTION which challan no we have to use Please reply Thanking you

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