Due Date for MVAT audit in form 704 for financial year 2008-09 extended to 31st March 2010

TRADE CIRCULAR

No. VAT/ AMD-1009/IB/ADM-06 ,

Dt : 28th January, 2010.

Trade Cir. 5 T of 2010, Mumbai

Sub: Extension of date for Submission of Audit Report for the year 2008-09.

Ref.:

1. Notification No. VAT/AMD-1009/IB/ADM-6 dated 21st August 2009.

2. Notification No. VAT/AMD-1009/IB/ADM-6 dated 26th August 2009.

3. Trade Circular No. 27T of 2009 dated 1st October 2009.

4. Representations received from various Trades and Associations.

5. Letter received from Finance Department bearing No. VAT-1510 / C . R.-17 / Taxation-1 dated 28th January 2010.

Gentlemen/Sir/ Madam,

You may recall that the existing Form-704 was replaced by New Form-704 by notification cited at Ref.-2. A notification cited at Ref.-1 was issued and it was made mandatory for all dealers to submit Audit Report for year 2008-09, electronically. Further, vide Trade Circular cited at Ref.3 this office had explained the procedure for filing Form-704 electronically. The date for filing Form-704 is 31st January, 2010.

2.       Representations from various Trades and Associations have been received with a request to extend the due date for submission of Audit Report in Form-704 for the year 2008-09. It was stated that this being the first year of e-filing of Audit Report, dealers as well as Auditors need more time to accustom with new procedure. The issue has been examined. The matter was referred to the Finance Department for consideration.

3.       The Finance Department, Government of Maharashtra has examined and considered aforesaid representations. Accordingly, it has been decided to extend the due date for submission of the Audit Report in Form-704 to 31st March 2010.

4.       In view of this the last date for submission of Audit Report in Form-704 for the period 2008-09 shall be the 31st March 2010. Dealers shall be required to submit “the Statement of Submission of Audit Report in Form-704? along with required documents on or before 10th April 2010.

5.       In order to avoid initiation of penalty proceedings, it is mandatory for the dealer to upload Audit Report in Form-704 on or before the 31st March 2010 and submit requisite documents (to authorities referred in Para 4(iii) of the Trade Circular dated 1.t October 2009 No. 27T2009) on or before 10th April 2010.

6.       For removal of doubts, it is hereby clarified that if any additional amount becomes payable as a result of Audit findings and dealer files revised return then the interest shall be calculated as per provisions of the section 30(2) of the MVAT Act, 2002. In other words, this extension, in no way affects the liability to pay interest as per provisions of section 30(2) of the MVAT Act, 2002.

7.       Needless to state that no further extension shall be provided for uploading the Audit Report or submission of requisite documents.

8.       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.

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

Yours faithfuly,

(Pramod Nalawade)

Addl. Commissioner of Sales Tax (Est.)

Maharashtra State, Mumbai.

No.VAT/AMD-1009/1B/ADM-6 Mumbai, Dt. 28th January, 2010.

Trade Cir. No.5 T of 2010

1. Copy forwarded to:

(a)      All Addl. Commissioners of Sales Tax in the State.

(b)      All Joint Commissioners of Sales Tax in the State.

(c)      The Joint Commissioner of Sales Tax (Mahavikas) with request to upload this Trade Circular on the Departments web-site.

(d)      All Sr. Dy. Commissioners of Sales Tax in the State.

(e)      All Dy. Commissioners of Sales Tax in the State.

(1)      All Asstt. Commissioners of Sales Tax in the State.

(g)      All Sales Tax Officers in the State.

2. Copy forwarded with compliments for information to:

(a)      The Officer on Special Duty, Finance Department, Mantralaya, Mumbai.

(b)      The Under Secretary, Finance Department, Mantralaya, Mumbai.

(c)      The Accounts Officer, Sales Tax Revenue Audit, Mumbai and Nagpur.

3. Copy to all Desks and Desk Officers in the office of the Commissioner of Sales Tax, Maharashtra State, Mumbai.

(G. B. Indurkar)

Joint Commissioner of Sal s Tax,

(HQ) 1, Maharashtra State,

Mazgaon, Mumbai-10.