Saawariya & Co.

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.

(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

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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