| 25: Terms and conditions subject to which permission to furnish return for different period may be granted M.P. VAT RULES | |
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25: Terms and conditions subject to which permission to furnish return for different period may be granted
(1) A registered dealer required to furnish quarterly returns under sub-rule (2) of rule 21 may make an application to the Commissioner in form 13 for grant of permission under the proviso to sub-section (1) of section 18 to furnish an annual return. Such application shall be made within thirty days of the commencement of the year in relation to which the permission is sought and the Commissioner shall pass order on every such application before the expiry of the first quarter of the said year.
(2) Permission under sub-rule (1) shall not be granted to a registered dealer who -
(a) is required to furnish monthly returns under rule 22; or
(b) fails to pay any tax payable by him under the Act or under any repealed Act or under the Madhya Pradesh Sthaniya
Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (No.52 of 1976) or under the Central Sales Tax Act, 1956 (74 of
1956); or
(c) fails without sufficient cause to furnish returns under the Act; or
(d) is convicted of an offence punishable under the Act, or under any earlier law; or
(e) has not submitted all the returns for the year immediately preceding the year in respect of which the permission is sought.
(3) Nothing contained in sub-rule (2) shall restrict the Commissioner from permitting a dealer to furnish an annual return where such registered dealer is the Central or a State Government or any of their departments.
(4) The permission shall be granted in form 14 and shall be subject to the following terms and conditions :
(i) the registered dealer shall pay within thirty days of the expiry of each quarter tax equal to one fourth of the amount of tax to which he has been assessed for the latest preceding year or one fourth of the amount of tax payable according to his returns for the latest preceding year, whichever is greater;
(ii) the registered dealer shall furnish the return within ninety days of the expiry of the year in respect of which such permission is granted and shall pay along with the return the balance of tax, if any, representing the difference between the tax payable according to such return and the tax already paid by him;
(iii) the annual return shall be accompanied by a copy of challan in form 26 in respect of tax paid for the quarter or quarters of the period to which such return relates;
(iv) the permission shall stand automatically revoked if the dealer is convicted of an offence punishable under the Act or under any earlier law and in that case he shall furnish all the returns normally due from him in accordance with the provisions of section 18 within a period of thirty days from the date of such conviction; and
(v) the permission granted under this rule shall be liable to be cancelled for breach of any of the terms and conditions subject to which it has been granted.
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