Amedment in the periodicity of filing return under MVAT

8th Floor, Vikrikar Bhavan,
Mazgaon, Mumbai 400 010.

Trade Circular

To
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No.VAT/Return/Periodicity Mumbai Dt.05.05.08
Trade Circular No. 17 T of 2008

Sub : 1) Amendments to VAT rule for periodicity of filing of returns under Rule 17 of Maharashtra Value Added Tax Rules 2005.
Ref :

1) This office Trade Circular No. 8 T of 2008 dated 19.03.08
2) This office Trade Circular No. 16 T of 2008 dated 23.04.08

Gentlemen/Sir/Madam,

The Government by Notification No. VAT/1507/CR 17/Taxation 1 dated 31/10/07 and No. VAT/1507/CR 94/Taxation 1 dated 14/03/08 has carried out certain amendments to Rule 17 of Maharashtra Value Added Tax Rules, 2005 pertaining to the periodicity of filing of return .

2. As per the amendments the periodicity of filing of Returns for the periods starting on or after 1st April 2008 will be as under :

Sr. No.	Category of dealers	Eligibility Criteria	Period of first return	Due date of submission of such first return
1	2	3	4	5
1	Dealers eligible to file monthly returns	1) Taxes paid more than Rs. 10 lac or Refund was more than Rs. 1 crore during the previous year	April 2008	21st May 2008
2	Dealers eligible to file quarterly returns	1) Dealers under Package Scheme of Incentive. 2)Taxes paid more than Rs. 1 lac and less than Rs.10 lac or Refund more than Rs. 10 lac and less than Rs. 1 crore during the previous year	1st April 2008 to 30thJune 2008	21st July 2008
3	Dealers eligible to file six monthly returns	1) Newly registered dealers 2) Retailers opted for Composition Scheme 3)Taxes paid less than Rs. 1 lac or Refund less than Rs. 10 lac during the previous year	1st April 2008 to 30th September 2008	21st October 2008

3. Change in return forms :
i) The earlier return forms 221, 222, 223, 224 and 225 have been replaced with the new return forms 231,232, 233, 234 and 235, respectively. A circular has already been issued for the applicability of new forms 231 to 235. These forms are available on the website of the department.(www.mahavat.gov.in and www.maharashtra.gov.in) A dealer can download these forms from the download menu of the website. All the returns including the returns for the earlier period should now be filed in the aforesaid new return forms.
ii)An amendment is made to sub-rule(1) and sub-rule (3) of Rule(5) of the central Sales Tax(Bombay) Rules, 1957 to provide for Electronic return. The old return form IIIB is now replaced by new form IIIE.

4. The dealers whose tax liability in the previous year i.e. 2006-07 was equal to or above Rs.1 crore, have to file their return from February 2008 onwards in electronic form.

5. The dealers whose tax liability in the previous year i.e. 2007-08 was equal to or above Rs.10 lakhs, have to file their return for the month of May 2008 onwards in electronic form.

6. The dealers eligible to file electronic return under MVAT Act Rules should file their Central Sales Tax return in Form IIIE electronically.

7. This circular cannot be made use of for legal interpretation of provisions of law as it is clarificatory in nature . If any member of the trade has any doubt, he may refer the matter to this office for further clarification.

8. You are requested to bring the contents of this circular to the notice of the members of your association.

Yours faithfully,

(SANJAY BHATIA)
Commissioner of Sales Tax,
Maharashtra State , Mumbai.

No.VAT/Return/Periodicity Mumbai Dt.05.05.08
Trade Circular No. 17 T of 2008

1. Copy forwarded to :
a. All the Addl. Commissioners of Sales Tax in the State.
b. All the Joint Commissioners of Sales Tax in the State.
c. All the Sr. Dy. Commissioners of Sales Tax in the State.
d. All the Dy. Commissioners of Sales Tax in the State.
e. All Asstt. Commissioners of Sales Tax in the State.
f. All the Sales Tax Officers in the State.

2. Copy forwarded with compliments for information to :
a. The Deputy Secretary, Finance Department, Mantralaya, Mumbai.
b. The Under Secretary, Finance Department, Mantralaya, Mumbai.
c. The Accounts Officer, Sales Tax Revenue Audit, Mumbai and Nagpur .
d. Copy to all Desks and Desks Officers in the office of the Commissioner of Sales Tax,
Maharashtra State , Mumbai.

(B. A. Sable)
Joint Commissioner of Sales Tax,
Return, Mumbai