TAX ON PROFESSIONS, TRADES, CALLINGS AND EMPLOYMENTS RULES, 1987
Preamble
In exercise of the powers conferred by Section 30 of the Telangana Tax on Profession,
Trades, Callings and Employment Act, 1987 (Telangana Act No.22 of 1987) the Governor
of Telangana hereby makes the following rules:
- 1) Short title and commencement
- These rules may be called the Telangana Tax on Professions, Trades, Callings and
Employment Rules, 1987.
- They shall come into force on the 15th day of June, 1987.
- 2) Definitions
- (i) In these rules unless the context otherwise requires :
- (a) "Act" means the Telangana Tax on Professions, Trades, Callings and Employment Act,
1987;
- (b) "Form" means a form appended to these rules ;
- (c) "Month" means a calendar month ;
- (d) "Place of work" in relation to person or employer, means the place where such person
or employer ordinarily carries on his profession,trade,calling or employment ;
- (e) "Section" means a Section of the Act ;
- (f) "Treasury" means a treasury or sub-treasury of the State Government.
- (ii) Words and expressions used, but not defined, in these rules shall have the meanings
respectively assigned to them in the Act.
- 3) Grant of certificate of registration
- (i)An application for a certificate of registration under sub-section (1) of Section
6 shall be made in Form I. An applicant having places of work within the jurisdiction
of different assessing authorities shall make an application for registration separately
to each such authority in respect of his place of work, without the jurisdiction
of that authority.
-
- (ii) (a)On receipt of an application for certificate of registration the assessing Authority
shall grant to the applicant a certificate of registration in Form 1A if he is satisfied
that the application is in order and that the particulars furnished therein are
correct and complete.
- (b)If the assessing authority finds that the application is not in order or all the
particulars necessary for issue of the certificate of registration have not been
furnished or that the particulars furnished are not correct and complete, he shall
direct the applicant to file a revised application or to furnish such additional
information as may be considered necessary. After considering the revised application
and the additional information, if any, and after making such enquiry as he considers
necessary the assessing authority shall grant a certificate of registration in Form
1A.
- 4)Grant of certificate of enrolment
- (i)An application for a certificate of enrolment under sub-section (2) or sub-section
(3) of Section 6 of the Act, shall be made in Form II. An applicant having more
than one place of work in the State of Telangana whether within the jurisdiction
of the assessing authoring or outside such jurisdiction shall be granted only one
certificate of enrolment.
- (ii)Where an applicant has more than one place of work within the State of Telangana
he shall make a single application in respect of all such places, name in such application,
one of such places as the principal place of work for the purposes of these rules
and submit such application to the assessing authority in whose jurisdiction the
said principal place of work is situated.
- (iii)On receipt of an application in Form II, the assessing authority may call upon the
applicant to furnish such additional information or evidence as may be necessary
for determining the amount of tax payable by him according to the Schedule to the
Act.
- (iv)After considering the application and such additional information or evidence as
may be furnished and after making such enquiry as he considers necessary, the assessing
authority shall grant a certificate of enrolment in Form IIA.
- (v)Where the applicant has more than one place of work in the State, as many copies
of the certificates shall be issued to him as there are places of work, in addition
to the principal place of work.
- 5) Amendment of certificate of registration
Where the holder of a certificate of registration granted under Rule 3 desires the
certificate to be amended, he shall submit an application for this purpose to the
assessing authority setting out the specific matters in respect of which he desires
such amendment and reasons therefor, together with the certificate of registration,
and such authority may, if satisfied with the reasons given, make such amendments
as it thinks necessary in the certificate of registration.
- 6) Amendment of certificate of enrolment
- (i)The certificate of enrolment granted under Rule 4 shall remain valid as long as
it is not cancelled under sub-rule (2) of Rule 7.
- (ii)An application for a revised certificate of enrolment shall be made in Form II.
On receipt of such application the assessing authority may call upon the applicant
to furnish such additional information or evidence as may be necessary for determining
the amount of tax payable by him according to the First Schedule to the Act and
after determining the amount of tax payable by the applicant, the assessing authority
shall make necessary amendments in the certificate of enrolment under his dated
signature, indicating the year from which the tax at the revised rate shall be payable.
- 7) Cancellation of certificate
- (i) The certificate of registration granted under Rule 3, may be cancelled by the assessing
authority after he has satisfied himself that the employer to whom a certificate
was granted has ceased to be an employer.
- (ii) The certificate of enrolment granted under Rule 4 may be cancelled by the assessing
authority after he is satisfied that the enrolled person is dead or his liability
to pay tax has ceased.
- 8) Exhibition of certificate
The holder of the certificate of registration or the certificate of enrolment,
as the case may be, shall produce the certificate of registration or the
certificate of enrolment or a copy thereof when demanded by the
assessing authority, either in digital or physical form. (Amended by G.O MS No. 30 (Rev CT- II) dt:
08-03-2021)
- 9) Issue of duplicate copy of certificate
If a certificate of registration or a certificate of enrolment granted under these
rules, is lost, destroyed or defaced or mutilated or becomes illegible, the holder
of the certificate shall apply to the assessing authority for grant of a duplicate
copy of such certificate. The said authority shall after such verification as may
be necessary to issue to the holder of the certificate a copy of the original certificate,
after stamping thereon the works "Duplicate Copy".
- 10) Certificate to be furnished by an employee to his employer
The certificate to be furnished by a person to his employer under the second proviso
to Section 5 shall be in Form III or, as the case may be, in Form IV.
- 11) Commissioner to give a public notice *
The Commissioner shall, in the month of April every year, give a public notice by
publication in the local newspapers having wide circulation directing all persons
liable to pay tax under the Act to get themselves registered or enrolled, as the
case may be (unless they are already registered or enrolled), and to furnish returns
and pay the tax according to provision of the Act and these rules.)
* Rule 11 is omitted as per G.O No 171, Rev. (CT-II) Dept., dated 24.02.2011
- 12) Returns and assessment
- The return under sub-section (1) of Section 7 shall be furnished in Form V
- Before an order of assessment is made under sub-section (1) or under sub-section
(3) of Section 8 the assessee shall be afforded a reasonable opportunity of showing
cause against such assessment and for this purpose he shall be served with a notice
in Form XI.
- 13) Payment of tax by employers
An employer shall make payment of tax and interest and penalty (if any) by deposit
of the requisite amount in the Treasury by Challan in Quadruplicate. The copies
marked original and duplicate shall be returned to the employer duly receipted,
of which the copy marked duplicate shall be submitted by the employer; other than
an officer referred to in Rule 15 to the assessing authority along with the return
prescribed by Rule 12. An officer referred to in Rule 15 shall forward such receipted
copies of challans marked duplicate to the assessing authority along with statements
prescribed in the said rule.
- 14) Payment of tax by enrolled persons
- (i) A person enrolled under sub-section (2) of Section 6 and liable to pay the tax shall
make payment of tax within the period prescribed in Section 10 by paying the requisite
amount into the Treasury by Challan in Quadruplicate. The copies marked original
and duplicate shall be returned to the person duly receipted of which the copy marked
duplicate shall be submitted by him to the assessing authority as proof of payment
of tax.
- (ii) Where payment of tax, interest and penalty (if any) if required to be made to a
Collecting Agent appointed under Section 14 such payment shall be made within such
time as may be notified by means of a paying-in-slip duly filled in Form VI in duplicate.
- (iii) The Collecting Agent shall credit to the treasury by challan in Quadruplicate on
or before the 10th of each month the amount of tax, interest and penalty collected
by him during the preceding month under sub-rule (2) and forward the receipted copy
of the challan marked duplicate to such authority as may be specified by the Commissioner
along with a statement of collection in Form VII signed and verified by him.
- 15) Deduction of tax amount from the salary or wages of employees
- (i) The drawing and disbursing officer shall be responsible for the deduction of due
amount of tax from the pay bill of the employees. The deduction shall be made every
month, and the pay of wages of such an employee for the month of February shall
not be permitted to be drawn unless the cash for the period from March to February
or part thereof or from the month in which the employee has attracted liability
to pay the tax to February, as the case may be, has been fully deducted and a statement
showing such deduction has been enclosed with the pay bill. The drawing and disbursing
officer, shall furnish to the assessing authority not later than the 30th April,
a statement relating to the payment of salary made to the Government Servant along
with a certificate that the tax payable in respect of the employees for whom they
drew during the year immediately preceding has been deducted in accordance with
the provisions of the First Schedule to the Act. Such statement shall show the name
of the employee, the details of salary drawn, the amount of tax deducted there form
and the period to which the tax relates.
- (ii) Notwithstanding the provisions contained in Rule 13 and sub-rule (1) of this rule
the liability of an employee to pay the tax shall not cease until the due amount
of tax in respect of him has been fully paid to the Government account, and without
prejudice to the aforesaid provisions, the said amount may be recovered from him
if the employer or the assessing authority is satisfied that the amount has not
been deducted from his salary or wages.
- 16) Notice under sections 6(6), 7(3) and 8(6)
The notice under sub-section (6) of Section 6, under sub-section (3) of Section
7 or sub-section (1) or sub-section (3) of Section 8, shall be issued by the assessing
authority in Form VIII.
- 17) Notice under section 6(5) and section 12
The notice under sub-section (5) of Section 6 or under Section 12 shall be issued
by the assessing authority in Form IX.
- 18) Notice of demand under 8(4) etc<
The notice of demand under sub-section (4) of section 8 and other demands; including
any penalty or interest imposed under the Act, shall be issued by the assessing
authority in Form X.
- 19) Collecting agents to maintain an account of collection of tax,
etc.
Every Collecting Agent shall maintain proper accounts of the tax and other amounts
collecting by him under the Act. He shall also maintain a register in Form XVII
in which he shall enter the tax and other amounts as and when collected.
- 20) Employer to keep account of deduction of tax from salary of
the employees
Every employer liable to pay tax shall maintain a register in which shall be entered
the amount of salary and wages paid to each of the person in his employ and the
said register shall contain a column in which shall be shown the amount deducted
from the salary and wages of the employee on account of the tax.
- 21) Appeal to the appellate deputy commissioner
- (i) Subject to the provision of sub-section (1) of section 15, any person aggrieved
by an order passed or proceeding recorded under the provisions of the Act may prefer
appeal to the Appellate Deputy Commissioner of the area concerned:
Provided that when an appeal pending before an Appellate Deputy Commissioner is
transferred to another Appellate Deputy Commissioner under Section 24, the order
of such transfer shall be communicated to the appellant or petitioner, to every
person affected by the order, the authority against whose orders the appeal or petition
was preferred and to the Appellate Deputy Commissioner.
-
- (ii) (a) Every such appeal shall be in Form XII and verified in the manner specified therein.
- (b)It shall be in duplicate.
- (c)A Treasury Challan in support of having paid the fee calculated at the rate of two
percent of the tax, penalty or interest under dispute subject to a minimum of rupees
fifty and maximum of rupees one thousand. (Omitted by G.O Ms No 235 Rev CT-IV , dt: 27-02-2007)
- (iii) The appeal may be sent to the Appellate Authority by registered post or be presented
to that authority or to such officer the Appellate Authority may appoint, in this
behalf by the appellant or by his authorised agent or a legal practitioner.
- (iv) The Appellate Authority shall after giving the appellant a reasonable opportunity
of being heard, pass orders as laid down in sub-section (4) of Section 15.
- 22) Revision to the commissioner
An application for revision under Section 16 shall be made in Form XII and accompanied
by a Treasury Challan in support of having paid the fee calculated at the rate of
two per cent of the tax, penalty or interest under dispute subject to a minimum
of rupees one hundred and maximum of rupees two thousand. (Rule is omitted by
G.O Ms No. 1195 , Rev CT-IV , dept. dt:25-11-2009)
- 23) Action for default by an enrolled person
If a person, liable to pay tax has wilfully failed to get himself enrolled, then
without prejudice to the action that my be taken against him under sub-section (5)
of Section 6, the assessing authority shall after giving that person a reasonable
opportunity of being heard and after such enquiry, as may be deemed fit, or otherwise,
assess the tax due to the best of its judgment and serve on him a notice of demand
in Form XIV to pay the tax within fifteen days of receipt of the notice. Notice
of hearing in such a case shall be issued by the assessing authority in Form XIII.
The notice under sub-section (6) of Section 6 in respect of persons liable for enrolment
shall also be in Form XIII.
- 24) Interest on tax, if failure to deduct or fails to pay the tax
If the assessee does not deduct the tax at the time of payment of salary or wages
after deducting, fails to pay tax or if an enrolled person fails to pay the tax
as required by or under the Act, he shall pay in addition to the amount of such
tax, interest at the rate of two rupees for every one hundred rupees or part thereof
for every month or part thereof from the day/date specified for its payment.
- 25 )Rectification of mistakes
- (i) Any assessing, appellate or revisional authority may, at any time within four years
from the date of any order passed by him rectify any clerical or arithmetical mistake
apparent on the record;
Provided that no such rectification which has the effect of enhancing an assessment
or any penalty or fee shall be made unless the assessing, appellate or revisional
authority has given notice to the assessee of his intention to do so and has allowed
him a reasonable opportunity of being heard.
- (ii) Any order passed under sub-rule(1) shall be deemed to be an order passed under the
same provision of law under which the original order, the mistake in which was rectified,
has been passed.
- 26) Shifting of place of work
- (i) If the holder of a certificate of registration or a certificate of enrolment in
one area shifts his place of work to another area, he shall within fifteen days
of such shifting, give notice thereof to the assessing authority from whose office
the certificate was issued, and shall, at the same time, send a copy of such notice,
etc., to the assessing authority exercising jurisdiction over the area to which
the place of work is being or has been shifted.
- (ii) With effect from the commencement of the month immediately succeeding that in which
the notice is given, the assessing authority having jurisdiction over the area to
which the place of work has been shifted shall exercise all powers and discharge
all functions pertaining to the determination and recovery of tax, and matters ancillary
thereto, in respect of the sender of such notice.
- 27) Service of notices
- (i) Notices under the Act or the rules made thereunder may be served by any of the following
methods, namely:
- (a)by delivering or tendering a copy of the notice to the addressee or any adult member
of his family residing with him or to a person regularly employed by him; or
- (b) by Registered post :
Provided that, if upon an attempt having been made to serve any such notice by any
of the above mentioned methods the authority under whose orders the notice was issued
is satisfied that the addressee is keeping out of the way for the purpose of avoiding
service or that for any other reasons, the notice cannot be served by any of the
above mentioned methods, the said authority shall order the service of the notice
to be effected by affixing a copy thereof on some conspicuous part of the addressee
`s place of work or residence last notified by him and such service shall be deemed
to have been made on the addressee personally.
- (ii) When the serving officer delivers or tenders a copy of the notice to the addressee
personally or to any of the persons referred to in Clause (i) to sub-rule (1), he
shall require the signature of the person to whom the copy is so delivered or tendered
to an acknowledgement of service endorsed on the original notice.
- (iii) When the notice is served by affixing a copy thereof in accordance with the sub-rule
(1) the serving officer shall return the original to the authority which issued
a notice with a report endorsed thereon or annexed thereto stating that he so affixed
the copy, the circumstances under which he did so and the name and address of the
person, if any, by whom the addressee `s place of work or residence is or was located
was identified and in whose presence the copy was affixed. The serving officer shall
also obtain the signature or thumb impression of the person identifying the addressee`s
place of work or residence to him report.
- (iv) The authority under whose orders the notice was issued shall, on being satisfied
from the report of the messenger or the postal acknowledgement or by taking such
evidence as he deems proper that the notice has been served in accordance with the
rule, record the fact and make an order to that effect.
- (v) If the authority is not satisfied that the notice has been properly served, he may
after recording an order to that effect, direct the issue of a fresh notice.
- 28) Grant of copies
- (i) If any assessee wants to have a certified copy of a document filed by him or of
an order concerning him passed by any authority, he shall make to the authority
concerned an application bearing adhesive Court-fee stamp of the value of rupee
one and twenty five paise for a copy which he desires to be supplied within two
days of his applying for the same.
- (ii) On receipt of the application, the said authority shall inform the applicant of
the amount of the Court-fee stamps required under the provisions of sub-rule (3)
for supply of the copy. After the requisite amount of Court-fee stamp is furnished
by the applicant the said authority shall cause a certified copy of the document
or order to be prepared and granted to the applicant.
- (iii) Additional fee in the shape of Court-fee stamp shall be payable for the grant of
copies at the rates given below :
- (a) Copy for the first 200 words or less of the Seventy-five paise documents.
- (b) For every additional 100 words... Forty paise or fraction thereof.
- 29) Refund of tax
Every claim for refund under Section 21 of the Act, shall be made to the assessing
authority in Form XV and shall be verified in the manner specified therein.
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