7. Filing of returns Filing of returns

(1)(a) Every registered dealer liable to pay tax under the Act other than the dealers who opted to pay tax under sub-section (4) of section 3, section 6, section 6-A or section 8 of the Act, including an agent of a non-resident dealer and casual trader, shall file a return for each month in electronic Form I, on or before 20th of the succeeding month, to the assessing authority in whose jurisdiction his principal place of business or head of office is situated. Such return shall be accompanied by proof of electronic payment of tax.

(b) The option exercised under sub-section (4) of section 3 of the Act shall be final for the financial year and such option shall be exercised in electronic Form K-1 within thirty days from the date of commencement of the business in case of new business and for others within thirty days from the commencement of each financial year.

(c) Every registered dealer who opts to pay tax under sub-section (4) of section 3, section 6, section 6-A or section 8 of the Act shall file a return for each month in electronic Form K on or before 20th of the succeeding month to the assessing authority along with proof of electronic payment of tax.

(2) Every principal or head office shall include the turnover relating to the goods consigned to the agent or the branch and file a return in electronic Form I for each month on or before 20th of the succeeding month with the particulars of name and full address of the agent or the branch, value of the goods sold or purchased, tax collected on sale and tax paid on purchase by the agent along with proof of electronic payment of tax.

(3) Every branch or agent of a dealer shall file a return in Form I, on or before the date on which the head office or his principal has to file return, for the preceding month, to the assessing authority under whose jurisdiction he carries on business.

 (4) Every department of Government liable to pay tax under the Act shall file a statement in Form M showing the total and taxable turnover for each quarter on or before 20th of the month succeeding the quarter along with proof of payment of tax.

 (5) (****) Omitted

 (6) If a dealer receives or returns in any year any amount due to price variation, he shall within thirty days from the end of the year submit a return in Form N to the assessing authority.

 (7) Every registered dealer who deals exclusively in goods specified in the Fourth Schedule to the Act or exempted from the levy of tax by a notification under section 30 shall file return for each year in electronic Form I-1 on or before the 20th day of May of the succeeding year showing the actual total turnover for the year.

 (8) In case of dealers making electronic payment of the tax, the dealers whose taxable turnover in the previous year is two hundred crores of rupees and above, shall file the returns on or before 14th of the succeeding month along with proof of payment of tax and the others shall file the above returns on or before 22nd of the succeeding month along with proof of payment of tax.]

 (9) If a dealer having filed a return, finds any omission or error therein, other than as a result of an inspection or audit or receipt of any other information or evidence by the assessing authority, he shall file a revised return rectifying the omission or error within a period of six months from the last day of the relevant period to which the return relates. Where, as a result of such revised return, the tax payable by the dealer increases, the dealer shall furnish along with such revised return, proof of payment of tax and interest due thereon under sub-section (4) of Section 42 of the Act.]

(10) Notwithstanding anything contained in sub-rule (9), if a dealer having filed a return has failed to claim input tax credit in respect of any transaction of taxable purchases in any month, other than as a result of an inspection or audit or receipt of any other information or evidence by the assessing authority, he can claim the same by filing revised returns before the end of the financial year in which the purchases were made or before ninety days from the date of purchase, whichever is later.

NOTES

 Under sub-rule (5) of this Rule, it has been ordered that the dealers whose total tax due under the Tamil Nadu General Sales Tax Act and Central Sales Tax Act is not below Rs. 10 lakhs in 2005-06 shall file returns in ICR forms (i.e Form – I (Vatable goods) and Form- J (Non-Vatable goods) and Form- I (CST Act) on or before 12th succeeding month by the dealers whose taxable turnover in the year 2005-06 is Rs. 200 Crores and above and on or before 20th of succeeding month by other dealer. The ICR forms will be supplied by the Department through all the assessment circles from 1st Febu\ruary, 2007 onwards. They should file their returns for January, 2007 due in February, 2007. Duplicate copy has to be filed in ordinary format. They shall file their returns from the month of January 2007 onwards (due is February 2007) in the ICR forms, to their assessing authority.

The instructions issued by the Commissioner in Proceedings No. CC4/851/2007 dated 9th December 2010 regarding e-filing of monthly returns are reproduced on page 565 of this book.

Dealers having large number of transactions to be entered for Annexure I, II III & IV may fie the details of these Annexures in C>D (Compact Disc) using the excel formats available as Annexures I to IV .xls by downloading the same, besides filing the Annexures in ordinary stationery. (Circulars No. VAT Cell – 74207 /2007 dated 1st and 9th Feburary 2007.)

 [ By Proceedings No. CC4/996/2010 dated 16th July 2012, it has been ordered that all the dealers who are liable to file their Annual Returns (Form I-1) manually are mandated to file their annual returns electronically through the Department’s website www.tnvat.gov.in on or before the due dates and to file the Hard Copy after printing it from the website in their respective Circles.]