1[(1) Every dealer liable to submit a return
under rule 9, except the dealers mentioned below, shall within thirty
days of the close of the year, submit to the assessing authority of
the area in which his principal place of business is situated a return
in Form A1 showing the total turnover and the net turnover in goods
liable to different rates of tax at all places of his business in the
preceding year:
(a) The dealers who are required to file return in Form A2 under Rule 17;
(b) The dealers who opted to pay tax under Section 14C of the Act for that year;
and
(c) The dealers who are eligible to file returns under Section 14D of the Act for that year].
(2) Every dealer who discontinues his business
during the course of a year in which he has been provisionally
assessed under rule 10 or 11 submit to the assessing authority
concerned a return in Form A1 for the period upto and inclusive of the
date of discontinuance within 30 days of the date of such
discontinuance.
(3) Every dealer liable to submit a return in Form
A1 under sub-rules (1) and (2) above, shall submit along with the
return, a receipt from a Government treasury or a *(crossed cheque) in
favour of the assessing authority for the full amount of the tax
2(...) due for the year on the basis of the return, after deducting
therefrom, the provisional tax, if any, paid already for the year,
falling which the assessing authority, shall serve upon the dealer a
notice in Form B1, for the tax 2( ...) due and the dealer shall pay
the sum demanded within the time and in the manner specified therein.
Provided that in a case where a dealer intends to
pay tax 2( ...) through a 1( crossed cheque) the cheque should be sent
so as to reach the assessing authority within fifteen days of the
close of the year to which the tax 2( ...) relates or the date of
discontinuance of business, as the case may be.]
* Subs. by G.O.Ms.No.101
Rev.dt.2.2.1989 for the words 'bankers cheque' w.e.f.4.2.1989.
(4) On the receipt of a return in Form A1 the
assessing authority shall, if he is satisfied after such scrutiny of
the accounts and after making such enquiry as he considers necessary,
that the return is correct and complete, finally assess on the basis
of the return, the tax or taxes 2( ...) payable under 3( Sections 5,
5B, 5C, 5E, 5F,5G,6, 6A, 6C) or notified under Section 9(1) for the
year to which the return relates.
(5) 4(Where any dealer fails to submit a return
before the date prescribed in that behalf or produces the accounts,
registers and other documents after inspection or submits a return
subsequent to the date of inspection) or if the return submitted appears
to the assessing authority to be incorrect or incomplete, the
assessing authority shall after following the procedure prescribed in
rule 12, finally assess the tax or taxes 2(...) payable under
3[Sections 5, 5B, 5C, 5E, 5F,5G,6, 6A, 6C ] or notified under Section
9(1) according to the best of his judgment:
5(Provided that where the returns submitted by a
dealer includes the turnover or any of the particulars thereof which
would not have been disclosed but for an inspection of accounts,
registers or other documents of the dealer made by an office under the
Act before the submission of such returns, the assessing authority
may, after giving an opportunity to the dealer for making a
representation in
this behalf, treat such returns to be incorrect or
incomplete returns and proceed to take action on that basis.)
(6) If on final assessment under sub-rule(4) or (5)
any tax 2( ...) is found to be due from the dealer after deducting the
tax or taxes 2( ...) paid by him towards the provisional assessment
and the time of the submission of the return in Form A1 for the year,
the assessing authority shall serve on the dealer a notice in Form B3
and the dealer shall pay the sum demanded in the notice within such
time and in such manner as specified therein. If however any refund of
tax is found to be due to the dealer, the assessing authority shall
serve on him a notice in Form C.
RULE 5[15-A. SELF ASSESSMENT:(1)Every dealer liable
to submit a return under sub-section(1) of Section 14-D shall within
thirty (30) days of the close of the year,submit to assessing
authority of the area in which his principal place of business is
situated a return in Form A10 showing total and net turnovers and tax
due thereon at all places of his business in the preceding year,along
with details of usage of Way Bills,C-Forms,F-Forms,H-Forms and G-Forms
in the Annexure I to V to Form-A10.
SEE FORM A 10
7[Provided that in respect of the returns received
after the expiry of due date the assessing authority concerned may,on
sufficient cause and for reasons to be recorded in writing ,condone
the delay upto a maximum period of thirty days.However for the year
1995-96 the dealer may submit the return under sub-section (1) of
Section 14D on or before 30th september 1996.]
(2)Every dealer who discontinues his business during
the course of a year in which he has submitted the return on self
assessment basis under sub-rule(1) above,shall submit to the assessing
authority concerned a return in Form A-10 for the period upto and
inclusive of the dateof discountinuance within 30 days of the date of
such discontinuance.
(3)Every dealer liable to submit a return under
sub-section(1) of Section 14-D,shall submit along with the return,a
receipt from a Government treasury or a crossed demand draft in favour
of the assessing authority for the full amount of tax due for the year
after deducting thereform,the provisionaltax,if any,paid already for
the year.
(4)On receipt of a return in Form A10 along with the
proof of payment of tax due thereon and after verifying the conditions
mentioned in sub-section(3)and(4)of Section 14-D,and unless it is
decided to take up detailed assessment under Section 14 of the Act the
assessing authority shall accept the return and pass assessment order
without requiring the presence of the dealer or calling for his book
of accounts.The assessment order shall be sent to the dealer concerned
by post.]
7[(5)For the purpose of sub-clause (ii)of
sub-section (3) of section 14-D,the increase in net taxable turnover
during assessment year shall not be less than fifteen percent over such
turnover of the preceding year.]
1. Sub-rules (1) and (3) were subs. by G.O. 1251 rev.dt.12.9.1965. Again sub-rule(1)
was substituted by G.O.Ms.No.244 Rev.dt.17.5.1995. The earlier sub-ruel (1) read
as under:
(1) Every dealer liable to submit a return under rule rule 8 or 9 except those who
have elected to be assessed under rule 17, shall within thirty days of the close of
the year,submit to the assessing authority of teh area in whcih his principal place
of business in the preceding year.
2 The words "and the surcharge" ins. by G.O.Ms.No.473 Rev.dt.18.3.1981 were
omitted by G.O.Ms.No.244 Rev.dt.17.5.1995.
3. Subs. by G.O.Ms.No.626 Rev.dt.5.11.1986. Again
subs.for the expression "Sections
5,5-A,5-B,5-C,5-E,6,6-A,6-B,6-C" by G.O.Ms.No.244
Rev.dt.17.5.1995.
4. Subs. by G.O.Ms.No.626 Rev.dt.1.7.1969 w.e.f.1.7.1968.
5. Subs. by G.O.Ms.No.244 Rev.dt.17.5.1995. The earlier rule added by
G.O.Ms.NO.626 Rev.dt.1.7.1969 w.e.f.1.7.1968 and Subs. by G.O.Ms.No.842
Rev.dt.12.7.1977 read as under:
"15-AIn the case of a dealer whose total turnover for a year is less than 6[Rs. 15
lakhs] the assessing authority shall, without requiring the presence of the dealer
or calling for his accounts, ordinarily accept the return submitted by the dealer, if
the return is prima facle correct and complete".
Provided, that the return shall not be so accepted, if on inspection of the business
premises of the dealer or otherwise, he has reason to believe that the dealer has
suppressed a part or whole of the turnover of his business or that the dealer is
evading the payment of tax:
*[Provided further that the return shall not be so accepted if the difference between
the net taxable turnover returned for the relevant year and the net taxable turnover
determined for the immediately preceding year is less than 15% of the net taxable
turnover determined for the immediately preceding year;]
* Subs. by G.O.Ms.No.101, Rev.dt.2.2.1989 w.e.f.4.2.1989.
Provided also that the return shall not be so accepted in respect of a dealer who
has started business in the year or who has done business for part of the year only.]
6. Subs. for the figures Rs. 1 lakh by G.O.Ms.No.491 Rev dt.5.7.1988. Again by
GOMS No.710 Revenue Dt.28.7.1993 subs. for the figure "Rs. 10 lakhs".
7. Added by G.O.Ms.No.788 Rev.dt.21.9.1996.
Rule 15B.
In case of a dealer having an authorised fair price
shop under the public distribution system exclusively dealing with the
sale/supply of the essential commodities such as rice, wheat, jowar,
sugar, palmolein oil, kerosene allotted by the Civil Supplies
Departments, and purchased from the dealers or Corporations nominated
by Civil Supplies Department, under the public distribution system
and
who is not liable to pay tax, need not submit a return to the assessing authority concerned.
1. Ins. by G.O.Ms.No. 102 Rev. dt. 6.2.1988 w.e.f. 10.2.1988.
Rule *[15-C.
(1)Every dealer who is eligible to opt to pay tax under
Section 14-C of the Act shall within thirty(30) days of the close of
the year,submit to the assessing authority of the area in which his
principal place of his business is situated,a return in Form
A-9,showing the total turnover of his business,at all places of
business,in the preceding year and option for payment of tax under
Section 14-C of the Act,and along with the return,he shall submit a
receipt from a Government Treasury or a crossed Demand Draft in favour
of the assessing authority for the full amount of tax payable thereon
for the year to which the return relates after deducting therefrom the
provisional tax , if any paid already for the year.
Provided that in respect of the returns received after
the expiry of due date the assessing authority concerned may ,on
sufficient cause and for reasons to be recorded in writing ,condone the
delay upto maximum period of thirty days.
SEE FORM A9
(2)The assessing authority shall issue a certificate
in Form D-2 when the assessment is deemed to have been completed under
sub-section (6) of Section 14-C.
SEE FORM D2
(3)The Commercial Tax Officer of the area concerned
may cancel the option exercised by a dealer under Section 14-C,
(a)if the dealers turnover appears to exceed the
turnover specified in sub-Section(1) of Section 14-C,any amount paid by
such dealer during the year in accordance with the provisions of
Section 14-C shall be adjusted towards the tax payable for the year;or
(b)if the return filed by dealer appears to be incorrect or incomplete.
(4)A notice in form D-3 shall be issued to the dealer
in the cases where the option exercised by the dealer under
sub-section(1) of Section 14-C is cancelled under sub-section(7) of
Section 14-C.
SEE FORM D3
(5)In all cases where option given by the dealer for
payment of tax is accepted under sub-rule(2)the assessing authority
shall as soon as,may be after thirty(30) days of expiry of the year,
make a provisional assessment for the current year on the basis of the
return received from dealer under sub-rule(1) and issue a notice to
the dealer in Form B-7.The assessee shall pay tax for current year in
monthly instalments,as specified in the demand notice.The tax paid so
during the current year shall be adjusted against the tax due to be
paid by him as per the returns to be filed at the end of the year
either under Rule 15 or under sub-rule(1) as the case may be.]
SEE FORM B7
* Added by G.O.Ms.No.244 Rev.dt.17.5.1995 w.e.f1.4.1995.
RULE 1[15D.(1)
Every dealer who intends to opt for self assessment
under Section 14-E of the Act shall,within forty five (45)days of the
close of the year,submit to the assessing authority of the area a
return Form AA-9,furnishing a statement of the total turnover at all
places of his business in the preceding year along with a recepit from
a Governmen treasury or a crossed demand draft,in favour of the
assessing authority,for full amount of tax payable thereon for the year
to which the return relates after deducting therefrom the provisional
tax paid,if any,for the year.
Provided that for the assessment year 1996-97 the dealer
who intends to opt for self assessment under Section 14-E of the Act
may submit to the assessing authority of the area a return in Form
AA-9,on or before 30th june,1997.
The above proviso was added by G.O.Ms.No.408 Rev.dt.14.5.1997,
Pub. in A.P.Gazette Part I Extra-Or. dt.30.5.97.
(2)From among the dealers who filed return under
sub-rule (1) the Deputy Commissioner shall identify, before 31st
August of every year, the dealers to be assessed under Section 14 and it
shall be done on the basis of guidelines issued by the Commissioner
of Commercial Taxes from time to time. The Deputy Commissioner shall
inform the dealers about taking up the assessments under
Section 14-E of the Act.
(3)The assessing authority shall take up the
assessment of the turnovers for that year of the dealers who are
identified by the Deputy Commissioner under sub-rule (2) above.
(4)The assessment of the dealers who filed a return for a
year under sub-rule (1) and who are not identified by the Deputy
Commissioner for assessment under sub-rule(4) shall be deemed to have
been completed on 30th September of the year in which the returns is
filed under sub-rule (1). The Acknowledgement in Form AA 9B given at
the time of filing the return shall be deemed to be the
proceedings passed by the assessing authority in the
assessment of the dealer for that year and it shall come into effect
accordingly from Thirtieth September of the year.
(5)Every dealer who files a return for the preceding
year under sub-rule (1) shall pay tax for current year in lumpsum or
in instalments mentioned below, on the basis of tax due to be paid by
him for the preceding year.
Provisional tax to be paid Schedule of payment
(a) If tax is below Rs.1200/- Payment in lumpsum before 30th June of that year.
(b) If tax is above Rs.1200/-
but is below Rs.2400/- Payment to be made
in two installments, the first installment of Rs.1200/- payable by
30th June for the remaining amount payable by 31st of December.
(c) If the tax is above Rs.2400/- Payment to be made in twelve equal monthly installments.
The tax so paid during the current year shall be
adjusted against the tax due to be paid by him for that year.
(6)Every dealer who files a return for the
preceding year under sub-rule (1) shall also file following statements
along with the return if he
did not file the same before the assessing authority during the relevant year.
(1) C Form utilisation statement
(2) Way Bill utilisation statement.
(3) G Form utilisation statement.
(4) F Form utilisation statement.
1.Rule 15D added by
G.O.Ms.No.214, Rev., dt.20-03-1997 has added this Rule w.e.f.
25.03.1997. |