e- registration and filing e- returns j. b. nagar women wing program jointly by wirc dated :...

MAHARASHTRA VALUE ADDED TAX ACT (MVAT) 2002E- REGISTRATION AND FILING E-RETURNSJ. B. Nagar Women Wing Program Jointly by WIRC Dated : 28/03/2015By CA Seema MehtaProprietor Of Seema V. Mehta & Co.CA Seema Mehta Seema V. Mehta &

Co. 1

PRESCRIBED THRESHOLD LIMIT FOR

REGISTRATION The threshold is based on the total turnover of sales and

the level of taxable sales or purchases in a year commencing 1 April.

The threshold limit above which you must register, depends on the nature of your business.

If you are an importer and your total turnover exceeds Rs. 1,00,000 and your taxable sales or purchases exceed Rs.10,000 in a year commencing 1st April, you must register and account for tax.

If you are not an importer (Manufacturer, reseller, liquor dealer, works contractor, lessors etc) and your total turnover exceeds Rs 10,00,000 and your taxable sales or purchases exceed Rs.10,000 in a year commencing 1st April, you must register and account for tax. (Figure 10,00,000/- was substituted for the figure 5,00,000/- by Maharashtra Act no. XXVII of 2014 w.e.f. 26th June 2014)

CA Seema Mehta Seema V. Mehta & Co. 2

E- REGISTRATION With effect from 1st October, 2009 an

application for TIN is required to be made electronically.

As per Trade Circular No. 4T of 2015 Mumbai dated 09/03/2015 The further simplification of the process of registration has been sought by the Government of Maharashtra in view of recommendations from the World Bank. Accordingly it has asked to provide for single application form obtaining the registration under the MVAT/CST and the P.T. Act

The dealer who is liable to pay tax is required to apply for registration under the Act within 30 days from the date on which prescribed limit of turnover exceeds.CA Seema Mehta Seema V. Mehta & Co. 3

E- REGISTRATION Steps to make the single on line application for

obtaining registration under the MVAT/CST and PT Acts.

A. The online application for registration under the aforementioned Acts be accessed through the website www.mahavat.gov.in

B. Click e-registration in e-services link on homepage

C. Dealer registration form will be displayed. Follow the following steps(The fields indicated by * are mandatory fields)

1. Enter Name of the Business (not Applicable if only PTEC has been Applied For)

2. Choose the appropriate Act field/fields for which registration is to be obtained by selecting the relevant acts from MVAT/CST/PTEC/PTRC (by making a tick mark in the relevant boxes).


http://www.mahavat.gov.in/

E- REGISTRATION3. Enter PAN on which Registration is to be obtained.

4. Select Location

5. Name of application

6. Status of application

7. Dealers holding Entrepreneurs Memorandum (EM) issued by District Industries Centre (DIC) and/or Industrial Entrepreneurs Memorandum (IEM) issued by Government of India should select the ratio button and enter the relevant fields.

8. Then click next.


E - REGISTRATION


Click Here


E- REGISTRATION

E- REGISTRATIOND. Click on “MVAT/CST” box (it will not be active for those

who opted only PTEC/PTRC) Form 101 will open

1. Information in the boxes (Name of Applicant, PAN No, Request ID and Name of Business will auto populate)

2. Select Constitution , Status of the signatory to the application and Reason for Registration.

3. Enter information related to Reason for registration accordingly.

4. Select nature of Business, Commencement of Business

5. Select composition scheme and type of composition scheme as applicable.

6. Select language of books of accounts and whether computerized or not

7. Select occupancy status of palace of business.

8. Save and exist.

E. Click on “Place of Work/POB” and enter details, save and exit.CA Seema Mehta Seema V. Mehta & Co. 8

E- REGISTRATIONF. Click on bank details box, click on “ADD”, enter all

details about current/saving (application for PTEC only) account, save and exit.

G. Click on “Sale/Purchase “ box of applied under “exceeding the turnover limits”(for MVAT/CST ACTS only).Enter details of Sales/Purchases, save and exit.

H. Click on “PTRC/Employers Details” box(if applicable)and enter details save and exit.

I. Click on “Addl. Place of Work/APOB” ( if applicable), enter details save and exit.

J. Click on “Incentives”(if applicable), enter details, save and exit.

K. Click on “PTEC” box(if applicable), enter details, save and exit.

L. Click on “ Place of Residence” box(if applicable), enter details of residence, save and exit.

M. Click on “ Commodity” enter details, save and exit.CA Seema Mehta Seema V. Mehta & Co. 9

E- REGISTRATIONN. Click on “Other State APOB”(if applicable), enter

details, save and exit.

O. Click on “Proprietor/Partner/Directors” enter details, save and exit.

P. Click on “Submit”

Q. In case the data in any of the mandatory fields is not entered, then the application would get error message and would be prompted to enter the said data.

R. In case of partially filled data for retrieving the incomplete form enter PAN on first page of “ Dealer Registration Form” under "existing dealer” block and click on “Load”

S. After submission and uploading of the completely filled application form the acknowledgment containing date, time and details of the Registration Officer will be generated. This acknowledgment can be saved and shall be printed for producing before the registering authority. CA Seema Mehta Seema V. Mehta & Co. 10

E- REGISTRATION The dealer should also save the downloadable MVAT,

CST and profession tax common application form of registration and should take print out of it and submit it before the registration Officer along with documents prescribed in Circular 4T of 2005.

T. After Submission of required documents along with acknowledgment and application and photo signature before the Registration Officer, TIN will be generated on the same date.

U. Dealers holding Entrepreneurs Memorandum (EM) issued by District Industries Center (DIC) and /or Industrial Entrepreneurs Memorandum (IEM) issued by Government of India, TIN will be auto generated. The application will not be required to attend before the officer for the physical verification of documents. In these cases dealer will have to upload scanned copy of the memorandum issued by DIC or Government of India along with documents mentioned in Trade Circular 4T of 2015. ( It will be applicable when the facility of uploading of the scanned document will be made available)


DOCUMENTS REQUIRED FOR REGISTRATION APPLICATION [ CIRCULAR NO. 4T OF 2005] Proof of Permanent Residential address (At least 2

documents out of the following)

I. Copy of ration Card

II. Copy of Passport

III. Copy of driving license

IV. Copy of election photo identity card

V. Copy of property card or latest receipt of property tax of municipal corporation/council/Grampanchayat

VI. Copy of latest paid electricity bill in the name of applicant

Proof of constitution of business

I. Copy of partnership deed

II. Copy of MOA & AOA/Certificate of Registration etc.CA Seema Mehta Seema V. Mehta & Co. 12

PROOF OF PLACE OF BUSINESS / ADDITIONAL PLACE OF BUSINESSI In case of Owner Proof of ownership of

premises, viz. copy of property card or ownership deed or agreement with the builder or any other relevant documents

II In case of tenant / sub tenant

Proof of tenancy/ sub tenancy like copy of tenancy agreement or rent receipt of leave and license or consent letter etc.

CA Seema Mehta Seema V. Mehta & Co.13

ENCLOSURES WITH FORM

Following documents needs to be enclosed with form Pan card of the Dealer Cancelled cheque of the dealer (Current account) If Manager is appointed, Form 105 is to be submitted PAN card of the Directors/Partners/ Managers etc 2 Passport size photographs of Authorised signatory Bill wise statement of sales and purchases from the

beginning till the date on which turnover of sales or purchases exceeds the prescribed limit for registration. However, the same is not required if the application for TIN is under voluntary registration scheme.


REGISTRATION FEE & SECURITY DEPOSIT The dealer can also apply for voluntary

registration by paying registration fees of 5,000/-. Registration certificate in such case will be granted with effect from the date of application. Apart from registration fee of 5,000, a dealer is also required to deposit 25,000/- by Demand draft of any nationalized bank drawn in favor of ‘Bank of Maharashtra – A/c. MVAT’ for Mumbai region and ‘State Bank of India – A/c. MVAT’ for other regions . With effect from 1st May, 2011, it has been provided in Section 16(2A) that this deposit is in the nature of security deposit and cannot be adjusted against the tax liability. However, this security deposit will be refundable. As per Rule 60A, a person or dealer will have to make an application to registering authority for refund of security deposit after 36 months but before 48 months from the end of the month containing date of effect of registration certificate.


REGISTRATION FEE & SECURITY DEPOSIT For others fees of Rs.500/-( For MVAT) and Rs.25/-

(For CST) in the form of Court Fee Stamps or Demand Draft of any nationalized bank drawn in favor of ‘Bank of Maharashtra – A/c. MVAT’ for dealers applying in Mumbai Location. For other Location Demand Draft of any nationalized bank drawn in favor of ‘State Bank of India – A/c. MVAT’ .

In case of Voluntary registration the applicant dealer should be introduced by another registered dealer who is registered under the Act for a continuous period of more than three years.


DOCUMENTS REQUIRED W.R.T. EACH TYPE OF REASONS FOR REGISTRATIONSome reason for Non Voluntary Registration Required Document

Change in the constitution from Partnership to Proprietary Dissolution Deed

Change in constitution from proprietary to Partnership Partnership Deed

Full/Part Transfer of BusinessTransfer Deed duly signed by the transferor and the transferee

Exceeding the prescribed limit

Sales/Purchase statement supported by sales / purchase invoices, sale/purchase register, Bank Statement etc.


SIGNATORIES TO THE FORMCONSTITUTION PERSONS AUTHORISE TO SIGN

Proprietary business Proprietor himself or any authorised person

HUF Karta, or any adult member of HUF or any authorised person

Partnership firm /LLP Any partner or any authorised person

Association of persons or Body of Individuals

Principal Officer or person managing the business or any authorised person

Body Corporate Directors, Manager, secretary or by the principal officer or by a person duly authorised by the company

Government or semi-Government undertaking

A person authorised on its behalf


E-REGISTRATION

Whether can Mr. Sachin Shah obtain MVAT and CST registration on the basis of Savings Account.?

Mr. P while filing the application form for MVAT registration, has wrongly entered the details of the name of the business. Is there any solution or remedy to correct the error?

M/s Omkar & Co. has mentioned 5 commodities in the application form. But in the Registration Certificate issued by the department, commodities are not reflected. What should the applicant do?


E ENROLMENT (CIRCULAR 4T OF 2009 (W.E.F. 01.10.2009) The enrolment for e-services is one time activity. It is mandatory to get enrolled for enjoying other e

services like :

1. E Return

2. E Declaration

3. E Form 704 etc Login ID (TIN 11 digit no without suffix) and

Password (dealers option) Acknowledgement is generated once the dealer is

enrolled Duly signed and stamped copy of Acknowledgment

needs to be submitted with the Department.


E-FILING OF RETURN Steps in e filing of Return /Annexure: Latest Form to be used Download – Forms – Electronic Forms Forms need to be filed up offline Offline Validation utility is available If there are error, correct the same On successful validation –Rem.txt file is generated Login to the website E Returns – Choose the file – click Validate & Upload Acknowledgment


E FILING OF RETURN

Types of Return MVAT Return: Form 231 : Residual Category (Dealers other than

those liable to file Form 232 to 235) Form 232: Dealers whose entire Turnover is under

Composition other than works contract dealer. Form 233: Works Contract dealers, Leasing,

Dealers opting for composition for part of the business

Form 234: PSI dealers holding certificate of Entitlement

Form 235: Notified Oil Companies & motor spirit Dealer

Form III-E : CST Return in all cases Challan Form MTR 6 – for electronic payment

under MVAT and CST Act


E FILING OF RETURN


PERIODICITY FOR FILING OF PAYMENT / RETURN Based on Tax Liability or Refund Entitlement for the

previous year Previous year for Monthly filer means March to Feb

and not April to March As per department for ease and convenience of the

dealer, the periodicity is generated through the automated system and displayed on the website.

As per Circular19T of 2010 if a dealer is aggrieved by the periodicity determined and published on the website, he may contact Jt. Comm. Of Sales Tax (Returns).


PERIODICITY FOR FILING OF PAYMENT / RETURN

Vide Notification No VAT 1511/CR-84/Taxation-1 dt. 13/09/2011 Rule 17(4)(e) was added, which mentions:

1. Commissioner may determine the periodicity of filing returns for every year

2. The periodicity so determined shall be final and be displayed on the website of the Sales Tax Department

Dealers Service – Know Your TIN The applications with six monthly periodicity who

were unable to make quarterly applications for the CST declarations were given the option of changing their periodicity to quarterly.


E - PAYMENTPeriodicity

21Days from end

of the month

QUARTERLYIf tax liability > 1 Lakh but < 10 Lakh or Refund <1 Crore but > Rs. 10 Lakh

and PSI units21 Days from end

of the Quarter

HALF YEARLYIf tax liability upto 1 Lakh

or refund upto 10 Lakh and Retailers who

opted for Composition30 days from end

of the period


E FILING OF RETURN In case of First year:

a. From 1st day of April of the year or from the date of event dealer becomes liable to pay tax till the end of quarter in which the certificate of registration is granted

o Within 21days from the end of quarter

b. Thereafter quarterlyo Within 21days from the end of quarter

In Case of Last Year

Last return is to be filed as per the periodicity of a particular business till the date of closure of a business.

All the vat returns whether Original, Revised or Fresh and for whatever period are required to be uploaded in electronic mode in the prescribed forms, which are as follows.


E FILING OF RETURN Due Date for E-filing of Return If Periodicity is Monthly or Quarterly

Taxes paid in time i.e. within 21 days from the end of the period:

I. No- within 21 days from the end of the period

II. Yes – extension of 10 days from the due date of payment

If periodicity is Half Yearly Taxes paid in time i.e. within 30days from the

end of the period:

I. No- Within 30days from the end of the period

II. Yes – extension of 10 days from the due date of payment


E - ANNEXURES Whether E Annexures can be Revised?

• No, Letter to JC Return Branch indicating mistake and physical copy of corrected form.

E Annexures include:

• Annexure J Section1

• Annexure J Section 2

• Annexure C

• Annexure D

• Annexure G

• Annexure H

• Annexure I

CASeema Mehta Seema V. Mehta & Co. 30

E- ANNEXURES Issues

• Whether Bill wise Sales details need to be entered or Customer wise?

• Whether Inter State Sales needs to be entered?

• Whether Tax Free Sales needs to be entered?

• Whether Labour charges sales need to be entered in case the bills are raised to a:

TIN holder Non TIN holder

• Whether Gross Sales details or Net sales details (i.e., after

Goods Returns needs to be provided?CA Seema Mehta Seema V.

Mehta & Co. 31

E- ANNEXURES Issues

• In case Sales are made to a customers who is not having a

TIN, where should the sales details pertaining to such customer be reflected?

• In case a Sales made to a customer who is not having a Valid TIN, where should the sales details pertaining to such customer be reflected?

• In case a dealer has not bothered to collected TIN of

customers, and proceeds to enter the data as sales to non Tin holders. Whether the said action is proper?


E- ANNEXURES Issues

• In case sales bill is issued of an amount inclusive of vat, whether that amount can be bifurcated into Net Amount and VAT Amount and reflected?

• Is it better to verify the TIN of the Customer on the website

before uploading the data?

• Whether details of Sale of Fixed Assets / Misc Sales also need to be entered?

• Is it necessary to take due care and reconcile the accounts with the books before uploading the data?


LATE FILING FEES Fees for Late filling of Returns

(w.e.f.01.08.2012)

Late fees of Rs.2000/-would be levied for a delay in filling of return upto 1 month from the due date and for a delay beyond 1 month the late fees of Rs.5000/-is applicable.

Late fee of rupees one thousand is proposed in the Maharashtra Budget 2015 instead of rupees two thousand for delay in filing of return upto one month.


TYPES OF RETURN

Form Type

Occasion

Original When return is filed for the 1st time

Fresh Returns filed pursuant to Defect Notice received from the department mentioning the defect in the original return. The Dealer will be required to file Fresh Return within 1 month from the date of receipt of defect notice

20(4)(a) Dealer voluntarily revises return

20(4)(b) Dealer files revised return in accordance with MVAT Audit report

20(4)(c) Return filed pursuant to receipt of intimation u/s 63 from the Department


REVISED RETURNSParticulars w.e.f.

01st May 2011

Period of Filing of Revise Return

No of times a dealer can revise return on his own

One 10 Months from the end of the year.

No of times a dealer can revised return as a result of Audit u/s 61

One Before the expiry of 30 days from the due date of Audit SINGLE REVISE RETURN

No of times a dealer can revise return as a result of audit or any proceeding by department

One Within 30 days from the date of serviceSINGLE REVISE RETURN


REGULAR PERIODICITY ANNEXURES

Trade circular 9T of 2014 dated-25/03/2014 & notification no. VAT-1514/CR-29/Taxation-1 dated 23/07/2014 – Submission of online Annexures J1/J2 with/as part of Monthly/Quarterly/6 Monthly returns is to be made for periods starting from 01/04/2014 by all dealers (Whether liable for VAT Audit or Not)

This is in addition to the Annual E-annexures (J1,J2,C,D,G,H & I) to be filed by dealers not liable for VAT audit. These Annexures are to be filed along with last monthly, quarterly or six monthly return on or before 30th June of the succeeding year w.e.f. financial year 2014-15

The dealer who is required to file an Audit Report in Form – 704 shall continue to file Annexure J1 and J 2 for entire year along with Form 704 Audit Report.


REGULAR PERIODICITY ANNEXURES

The retailer opting for the Composition and the Deemed Dealer will have to furnish the details of Sales and Purchases for the period covered by return in Annexures J1, J2 along with the filing of each six monthly return. The other details for the entire year in Annexure – C and D are to be filed along with the second and last six monthly return, on or before the 30th June of the succeeding year w.e.f. the financial year 2014-15.


CST RETURN If dealer does not have any transactions covered by

the CST Act then he is not liable to file / upload any returns under CST Act, 1956 as per Commissioner’s Circular No 52T of 2007 dtd 31.07.2007 and 15T of 2009 dtd 21.04.2009.

As per New Trade Circular 20T of 2014 dtd 25.11.2014 fresh guidelines are issued.

A dealer who is effecting the following types of transactions during a period shall be required to file CST Return.

o Inter-state Sales u/s 3 of the CST Act,o Goods transferred u/s 6A (1) of CST Act,o Sales outside the state u/s 4 of CST Act,o Export Sales u/s 5(1) and 5 (3) of the CST Act,o Sales in the course of import u/s 5 (2) of the CST Act.CA Seema Mehta Seema V. Mehta

& Co. 39

SUBMISSION OF ANNEXURES WITH RETURN From 01st April 2014

Annexure J1 : Dealer wise Sales

Annexure J2 : Dealer wise Purchases

Chronology of tax payment, filing of annexures and

return filing.

Revise Return and Revise Annexures


THANK YOU

CA. Seema Mehta Seema V. Mehta & Co.

Mob No. 09820513875Email Id. [email protected]

41

e- registration and filing e- returns j. b. nagar women wing program jointly by wirc dated :...

Documents

process of registration

e registrationsteps

e registrationenter

eservices link

filing ereturnsj

e registrationwith effect

maharashtra act

total turnover of sales