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18 : Returns M.P. ACT

 

CHAPTER – VI
 
 Returns, Assessment, Payment and Recovery of Tax
 

 18 : Returns
 
(1) (a) (i) Every such dealer as may be required so to do by the Commissioner by notice
served in the prescribed manner;
(ii) every registered dealer; and
(iii) every dealer whose registration certificate has been cancelled under clause (d) or
clause (e) of sub-section (10) of Section 17,
shall furnish return in such form, in such manner, for such period, by such dates and to
such authority as may be prescribed:
Provided that the Commissioner may, subject to such terms and conditions as may be
prescribed, exempt any such dealer from furnishing such returns and statement or permit
any such dealer to furnish the return for such different period, in such other form and to such
other authority, as he may direct.
(b) Every dealer required to furnish returns, under clause (a), shall furnish a statement in
such forms and manner for such period, by such date and to such authority as may be
prescribed.
(c) omitted
(2) If any dealer discovers any omission, error or wrong statement in any return furnished by
him under clause (a) of sub-section (1) he may furnish a revised return in the prescribed
manner and within the prescribed time.
(3) Every dealer required to file return under sub-section (1) shall pay the full amount of tax
payable according to the return as required by sub-section (2) of Section 24 or the difference
of the amount of tax payable according to the revised return as required by sub-section (3) of
the said Section and the full amount of interest, if any, payable under clause (a) or clause (b)
of sub-section (4) and shall furnish the proof of such payment along with the return or the
revised return, as the case may be .
(4) (a) If a dealer required to furnish return under sub-section (1), -
(i) fails to pay the amount of tax payable according to a return for any period in the
manner prescribed under sub-section (2) of Section 24; or
(ii) furnishes a revised return under sub-section (2) showing a higher amount of tax to
be due than was shown by him in the original return; or
(iii) fails to furnish return; or
(iv) has furnished return or returns and the tax paid along with the return or returns is
less than the tax as per accounts, 6
such dealer shall be liable to pay interest in respect of,-
(1) the tax payable by him according to the return: or
(2) the difference of the amount of tax payable according to the revised return; or
(3) the tax payable for the period for which he has failed to furnish return; or
(4) the amount of tax by which tax so paid along with the return or returns falls short of
the tax as per accounts,at such rate as may be prescribed which shall not exceed 1.5 percent per month1 from
the date the tax so payable had become due to the date of its payment or to the date of
order of assessment, whichever is earlier.
Explanation - For the purpose of this clause,-
(1) Where the period of default covers a period less than a month the interest payable in
respect of such period shall be computed proportionately.
(2) ‘month’ shall mean thirty days.
(b) 6If a registered dealer having furnished a return under sub-section (1) or a revised
return under sub-section (2) for any period and paid the tax payable according to such
return or revised return after the time prescribed therefor or the tax paid along with the
return or returns falls short of the tax as per accounts, fails to pay interest along with
such return or revised return or payment of amount of tax by which tax so paid along
with the return or returns falls short of the tax as per accounts, in accordance with the
provisions of clause (a), the Commissioner shall levy the interest liable to be paid by
the dealer and after giving the dealer a reasonable opportunity of being heard, may
direct him to pay in addition to the tax payable or paid and the interest payable by him,
by way of penalty a sum equal to such rate as may be prescribed which shall not
exceed 1.5 percent per month of the amount of interest, from the date such interest
had become due to the date of its payment or to the date of order of assessment,
whichever is earlier. 6
(c) If a dealer fails without sufficient cause to comply with the requirement of notice issued
under sub-section (1), the Commissioner may after giving the dealer a reasonable
opportunity of being heard, direct him to pay, in addition to any tax payable or paid by
him, by way of penalty a sum of one hundred rupees per day of default subject to a
maximum of rupees five thousand.
(d) Where,-.
(i) no tax is payable by a registered dealer committing a default under sub-clause (iii)
of clause (a), or
(ii) a registered dealer having paid the tax payable according to a return in time fails to
furnish the return in time;
the Commissioner may after giving such dealer a reasonable opportunity of being
heard direct him to pay by way of penalty a sum of rupees fifty per day of default
subject to a maximum of rupees one thousand.
(5)(a) If the Commissioner has reason to believe that the particulars given by a registered
dealer in his return or returns furnished by him for any period under sub-section (1) or subsection
(2) are not correct he may, by giving the dealer an opportunity of being heard, verify
the correctness of such particulars in the return or returns.
(b) If on such verification it is found that the particulars given in the return or returns are not
correct in so far as they relate to the application of the correct rate of tax, the calculation of
tax or interest payable or claim of any deduction and input tax rebate, he shall by issue of a
notice in the prescribed form require such dealer to make the payment of the additional
amount of tax and or interest payable by him within the period specified in such notice.
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