E-C TAX NEW PORTAL - Filing of returns by Dealers and Government Departments in Tamil Nadu

FILING OF RETURNS IN E-C TAX NEW PORTAL

BY DEALERS AND BY GOVERNMENT DEPARTMENTS

          In the newly introduced e-C Tax new Portal, the following returns were prescribed for disclosing the turnover monthly, quarterly and annual. The monthly and annual returns relates to business sector, industrial sector and service sector.  The quarterly return relates to Government Departments.

          As per Section 22 (3-A) of the Tamil Nadu Value Added Tax Act, 2006 (As per Act No.13 of 2015 came into force with effect from 29.1.2016), the casual traders and the dealers in respect of whom the relevant assessment year is the first or the last year of business, shall be assessed on the basis of the scrutiny of the returns with reference to the books of accounts, registers, records and any other document and on such enquiry as the assessing authority may consider necessary.

Filing of Form I - Value Added Tax monthly Return

          The Form I – Value Added Tax Monthly Return has to be filed by the dealers who effects:

Local purchases of Fourth Schedule Exempted Goods and also Exempted goods by Notification and Exempted goods by Notification for seller	Local sales of Fourth Schedule Exempted Goods and Exempted goods by Notification and Exempted goods by Notification by Seller
Local purchases of First Schedule and Second Schedule Taxable Goods from the Registered dealers within the State with sufferance of tax	Local Sales of First Schedule and Second Schedule Taxable Goods to the Registered dealers and Unregistered dealers within the State
Local purchases of Taxable Goods from the Unregistered Dealers or from the Registered Dealers without sufferance of Tax under Section 12
Goods received from Local Principal to be declared by Local Agents	Sales of First Schedule Goods on behalf of a Local Registered Principal as Agent Sales of First Schedule Goods by Agents (to be declared by the local Registered Principal Dealer)
Local purchases from Compounding dealers and also from the dealers whose sales turnover is below threshold limit	Sales to local Special Economic Zones at Zero-Rated sales within Tamil Nadu.
Inter-State purchases with or without C Form including Transit sales i.e. EI & E-II sales etc.	Inter-State sales of First Schedule Goods and Second Schedule Goods with or without C Forms
Local Purchases for export against Form H	Sales to Schedule V notified organisations within the State of Tamil Nadu at Zero-Rated.
Branch Transfer inward (Form F)	Branch Transfer Outward
Consignment Transfer inward (Form F)	Consignment Transfer Outward
Own Imports from other Countries	Exports sales to other countries
High Sea Purchases from other Countries	High Sea Sales/in bond sales in the course of import into India
Purchases of Capital Goods

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

Provided that a registered dealer whose taxable turnover in the preceding year is two hundred crores of rupees and above, shall file the above returns on or before 12th of the succeeding month to the assessing authority in whose jurisdiction his principal place of business or head office is situated. Such return shall be accompanied by proof of payment of tax:

         

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

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 dealers shall file the above returns on or before 22nd of the succeeding month along with proof of payment of tax.

If a dealer having filed a return, finds any omission or error therein, other than 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 date 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 Tamil Nadu Value Added Tax Act, 2006.

Filing of Form 1 – Form of Return under Central Sales Tax Act, 1956.

          Dealers effecting Inter-State Purchases and Inter-State Sales, Imports goods into India, Export of Goods outside India, effecting Stock Transfers outside the State and into the State, effecting Consignment sales, Penultimate Sales, Transit Sales, and High Sea Sales should submit Form 1 Return under Rule 5 of the Central Sales Tax (Tamil Nadu) Rules, 1957 along with the monthly returns under the Tamil Nadu Value Added Tax Act, 2006 returns before the 20^th of the succeeding month along with proof for payment of tax.  

Filing of Form WW - Audit Report under Section 63-A of the

TNVAT Act, 2006.

FILING OF FORM WW

AUDITED STATEMENT OF ACCOUNTS.

Every registered dealer whose total turnover including zero rated sale and sales in the course of inter-State trade or commerce as specified in section 3 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) in a year, exceeds one crore rupees, shall get his accounts in respect of that year, audited by an Accountant (Chartered Accountant or Cost Accountant) and submit a report of such audit in the prescribed Form (Form WW) in duplicate, duly signed and verified by the Chartered Accountant or Cost Accountant, to the Assessing authority, within 9 months (i.e. on or before 31^st December) from the end of the Financial year (i.e. 31^st March).

 If the registered dealer fails to get his accounts audited and submit a report of such audit within the period of 9 months from the end of the financial year, the Assessing authority may, after giving a reasonable opportunity of being heard, direct such registered dealer to pay by way of penalty of sum of rupees ten thousand, in addition to any tax payable, in respect of the said period:

Provided that, this section shall not apply to the departments of Central and State Governments, local authorities, the railway administration as defined under the Railways Act 1989 (Central Act 24 of 1989), the Tamil Nadu State Road Transport Corporations and similar such registered dealers, as may be notified by the Government.

Filing of Form I-1 - Value Added Tax Annual Return

          The Form I-1 – Value Added Tax Annual Return has to be filed by the dealers who are doing local sales and local purchases of exempted goods alone.  The exempted goods means goods mentioned in Schedule IV of the Tamil Nadu Value Added Tax Act, 2006 and Goods exempted by Notification and the sale of goods by Notification for Seller by the Government of Tamil Nadu.

          The dealer should furnish Details of Local Purchases with the details of Goods purchased from the Registered Dealer and from the Unregistered Dealer and Local Sales with the details of Goods sold to the Registered dealer and Unregistered Dealer with details of TIN, Invoice Number, Invoice Date, Commodity Code and Purchase Value and Exemption Type details. Form I-1 Return has to be filed on or before 20th day of May of the succeeding year.

Filing of Form K - Value Added Tax Monthly Return

          Every dealer, who effects second and subsequent sales of goods purchased within the State, whose total turnover relating to taxable goods, for a year, is less than rupees fifty lakhs, may, at his option, instead of paying tax under Section 3 (2) of the Tamil Nadu Value Added Tax Act, 2006, pay a tax, for each year, on his turnover relating to taxable goods at such rate not exceeding one per cent, as may be notified by the Government. Such option shall be exercised by the dealer within 30 days from the date of commencement of this Act.

Provided that the dealers opted to pay tax at compounding rates shall not collect any amount by way of tax or purporting to be by way of tax.

Provided that the dealers opted to pay tax at compounding rates shall not be entitled to input tax credit on goods purchased by him:

Provided also that the dealers opted to pay tax at compounding rates not be entitled to input tax credit on the goods purchased by him.

To pay tax under Composition Scheme the dealers should opt to pay Tax under Composition Scheme in Form K-1 (i.e. Application form for dealers opting for composition scheme under Section 3(4), 6, 6(A) or 8 with the details of composition).

         

          The Form K – Value Added Tax Monthly Return has to be filed by the following types of dealers.

·        Dealers who have opted to pay tax under Composition Scheme under Section 3 (4) of the Tamil Nadu Value Added Tax Act, 2006.

·        Dealers who have opted to pay tax under Section 6 of the Tamil Nadu Value Tax Act, 2006 who were doing 1) Civil Works Contract 2) Civil Maintenance Works Contract and 3) All other Works Contract.

·        Dealers who have opted to pay tax under Section 8 of the Tamil Nadu Value Added Tax Act, 2006 which includes 1) Hotels, 2) Restaurants, 3) Sweet Stalls, 4) Clubs, 5) Caterers, 6) Bakeries, 7) Any other Eating Houses.

·      Dealers who have opted to pay tax under Composition Scheme under Section 6-A of the Tamil Nadu Value Added Tax Act, 2006 which includes Brick Chambers, Brick Kilns under slab rates. 

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

If a dealer having filed a return, finds any omission or error therein, other than 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 date 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 Section 42 (4) of the Tamil Nadu Value Added Tax Act, 2006.

Filing of Form M - Statement of Quarterly Turnover

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.

April to June                           20^th July

July to September                 20^th October

October to December           20^th January

January to March                  20^th April

Filing of Form N - Return showing the details of the

amount received or returned due to Price variation

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.

E-C TAX NEW PORTAL - How to get verification link and code again

HOW TO GET VERIFICATION LINK AND CODE AGAIN

          Some dealers were not able to complete the Sign Up process at a time for several reasons.

          To get the Verification Link and Code again the following procedure may be followed.

          It is important to enter the Email ID set by the dealer at the time of first Sign Up.

          It is also important to enter the Mobile Number set by the dealer at the time of first Sign up. 

PROCEDURE

1.    Go to any browser

2.    Type ctd.tn.gov.in and go to Home page

3.    On the Right side panel Click Resend Link for Email and SMS Verification Code

4.    A new window will be visible

5.    Please Select User Type from the Drop Down Menu.

v    New Applicant/Existing Dealer

v    C & F Agent

v    Consignor

v    Courier

v    Custodian

v    LSP Tamil Nadu

v    LSP outside of Tamil Nadu

v    Postal Agency

v    Chartered Accountants (CA)

v    Cost and Work Accountant (CWA)

v    Foreign Diplomatic Mission/Consulates (FDMC)

v    Government Department

v    VAT Practitioner

v    Works Contractee (WC)

v    Sub-user

6.    Then enter Email ID

7.    Then enter Mobile Number

8.    Then enter result for expression

Now Press Resend Verification Link and Verification Code Button

     Now a new Verification Link and SMS Verification Code generated on Tamil Nadu Web Portal is available in the Email and also in the Mobile by SMS. Please use the particulars and complete the Sign Up Process.

METEOROLOGY - Natural Disaster symptoms in the sky and prediction of Tremors, Earthquakes, Tsunami, and prediction of Depression, Cyclone and Heavy Rain by tree leaves sway

NATURAL DISASTER SYMPTOMS IN THE SKY

Prediction of Tremors, Earthquakes & Tsunami

          Through our naked eyes, we see the Moon from the second or third day of new Moon day to full Moon day and further 13 days and approximately 28 days from any part of the world. The Moon is at a distance of 3,70,300 kilometres from the Earth and the stars are much more far from the Moon. But through our naked eyes we see the Moon and the Stars at the same distance. In some seasons the sky may be dark or cloudy or clear. Stars are visible only at night time but the Moon is visible in night and in day time also except on heavy rainy days.

          When we see the Moon without any Stars nearby, the ensuing days will be happy to the people of the world without any disasters.

          In some days there may be one or two bright Stars very close to the Moon which are visible to our naked eyes at a distance of below 100 feet.  If the distance between the Moon and stars reduces and is visible at a distance of 2 feet to 5 feet, certainly there may be an earthquake or any other type of natural disaster, within 3 or 4 days in any part of the World.

          In modern science there is no invention, investigation or observation to detect earthquake well in advance.  Prediction of earthquakes was not available well in advance. Only after the earthquake, Richter Scale depicts the magnitude.  If earthquakes are predicted well in advance we can save more peoples’ lives in the world and also save valuable constructions and belongings. Please see the picture given below:

PICTURE 1

Photo of Jupiter, Mars and Venus in an alignment with the moon

Over the Lowcountry in September 2015 by Jim Ellett.

          The Moon was visible very close to two Stars and if such an incident occurs, certainly there may be a huge natural disaster like a Tremor, Earthquake, Tsunami, or rise of sea level etc. within a minimum period of 2 days or maximum period of 15 days, no doubt.  In Japan there was unprecedented rainfall.

10 September 2015 | Asia News

Widespread flooding and landslides in north-east Japan have forced more than 90,000 people to abandon their homes.

The city of Joso, north of the capital, Tokyo, was hit by a wall of water after the Kinugawa River burst its banks. Helicopter rescue teams have been plucking people from rooftops.

At least eight people are still missing and 100 need rescuing.

The rains come a day after a tropical storm brought winds of up to 125km/h (78mph) to central Aichi prefecture.

The chief forecaster at the Japan Meteorological Agency (JMA), Takuya Deshimaru, said that the rainfall was "unprecedented" for that part of Japan.

CHENNAI RAIN IN NOVEMBER 2015 AND DECEMBER 2015

        In Chennai we have unprecedented rainfall on during November 2015 and December 2015 with heavy flood. There are forecasts well in advance and effective steps taken and saved more lives. Please see the photo of the Jupiter, Crescent Moon, Mars and Venus taken on 7.11.2015. If we combine Space Research and Meteorology in future, certainly there will be more predictions about natural disasters well in advance.

CLICK TO ENLARGE AND VIEW 3RD STAR

2^nd SET OF PICTURES WITH 1 STAR NEAR MOON

          In picture 1 the Moon was very close to the two Stars.  In picture 2 there is a star visible near to Moon.  This kind of scenery will be seen from the 2^nd or 3^rd day from New Moon day.   If the distance between Moon and star increases and the star goes far away from Moon, there may not be any disaster in the world.  But if the distance between the Moon and Star reduces to 1 feet or 2 feet (as in last photo) as visible to our naked eyes, certainly there may be tremor or earthquake or any other nature of disaster in any part of the world.

CYCLONE OR DEPRESSION SYMPTOMS BY TREE LEAVES SWAY

          We can see trees, tree branches and tree leaves are swaying in breeze.  The tree leaves will be on sway in all seasons even in summer.  But in some seasons, the tree leaves will be very calm and the tree, the tree leaves stay idle without swaying.  In such periods low pressure centre will be formed in the sea from the seashore at about 800 to 1800 Kilometres.  If the tree, tree branches and tree leaves are calm for three or five days and above the low pressure area will strengthen and then hurricane, typhoon or typical cyclone will form and hit the nearby seashore.  The wind speed will rise ranging from 55 kilometres to 155 kilometres and above and there may be heavy rain fall and flood in the nearby countries and causing damage to crops, buildings and belongings and even lives.  The symptoms of low pressure will be detected by radars, satellites and other scientific equipments only after 2 or 3 days from when the trees, tree branches and tree leaves are calm without sway.  The depression, cyclone or heavy rain will continue until the trees and tree leaves come to normal level i.e. swaying condition.  The sway of leaves of tree will begin only after the weakening of depression or after the cyclone crosses the seashore.

          Readers of this article will certainly predict low depression symptoms and tell about rain well in advance before weather forecast announcements by Governments.

          20% of my blog viewers are from United States and also from other countries and hence I am posting this article in my blog.  Viewers in United States and in other countries are requested to bring the contents of the article to their Governments and also to Scientists for research.  The above contents have been observed by me for several years personally.

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TNVAT - Tax Deduction at Source (TDS) in Tamil Nadu

TAX DEDUCTION AT SOURCE (TDS)

          Under Section 13 of the Tamil Nadu Value Added Tax Act, 2006, (i.e. Deduction of tax at source in works contract), every person responsible for paying any sum to any dealer for execution of works contract shall, at the time of payment of such sum, deduct an amount calculated at the following rate, namely:--

(i)	Civil Works Contract	Two percent of the total amount payable to such dealer
(ii)	Civil Maintenance Contract	Two per cent of the total amount payable to such deler
(iii)	All other works contracts	Four per cent of the total amount payable to such dealers: (From 1.1.2007 to 9.3.2012) Five per cent of the total amount payable to such dealers. (From 10.3.2012 onwards)

Every person responsible for paying any sum to any dealer for execution of works contract includes:

                   i)            the Central or a State Government

                 ii)            a local authority;

               iii)            a corporation or body established by or under a Central or State Act;

              iv)            a company incorporated under the Companies Act, 1956 (Central Act 1 of 1956) including a Central or State Government undertaking

                v)            a society including a co-operative society;

              vi)            an educational institution; or

            vii)            a trust.

Civil or other construction works in Tamil Nadu entrusted by any individual, firm, developer, builder, etc., to any sub-contractor will fall under the ambit of civil works contact.

           Works “other than civil works” mean contracts such as interior works, annual maintenance contracts, electrical works contracts, machine repairs, house-keeping contractors etc., with a value above one lakh rupees.

TDS REMITTANCE

         Remittance to Commercial Taxes Department as per the provisions of Section 13 of TNVAT Act, 2006, every person entrusting works contracts to contractors should deduct tax at the rate of 2% on civil works or civil maintenance works and at the rate of 5% on all works other than civil works at the time of making payments and remit the tax deducted at source on or before 20th of every succeeding month in the respective assessment circles.

         If any person or agency awarding such works contract is not liable to be registered under TNVAT Act, they shall remit tax deducted at source (TDS) from payments to their contractors in the Commercial Tax circle within which they reside or function.  In case of Chennai, TDS payments can be made at TDS circle at Greams Road Commercial Taxes Office.

PENALTY FOR FAILURE TO DEDUCT AND PAY TDS

Persons or organizations who contravene the provisions and fail to deduct and remit the tax, shall pay in addition to the amount required to be deducted and deposited, penalty at 150% on taxes to be collected as TDS and interest at 2% per month on such TDS payable for the entire period of default.

TIME LIMIT FOR ISSUE OF TDS CERTIFICATE

          Any person who makes TDS and Depositing the same, shall within 15 days of such deposit, issue the dealer, a Certificate in Form T, for each deduction separately.

EXEMPTION IN CERTAIN CASES

No deduction under sub-section (1) of Section 13 of the Tamil Nadu Value Added Tax Act, 2006 shall be made where—

a)    no transfer of property in goods (whether as goods or in some other form) is involved in the execution of works contract; or

b)    transfer of property in goods (whether as goods or in some other form) is  involved in  the  execution of  works contract in  the course of inter-State trade or commerce or in the course of import; or

c)    the dealer produces a certificate in such form as may be prescribed from the assessing authority concerned that he has no liability to pay or has paid the tax under section 5 of the Tamil Nadu Value Added Tax Act. 2006:

Provided further that no such deduction shall be made under this section, where the amount or the aggregate of the amount paid or credited or likely to be paid or credited, during the year, by such person to the dealer for execution of the works contract including civil works contract does not or is not likely to, exceed rupees one lakh.

TAX DEDUCTION IDENTIFICATION NUMBER (TDIN)

        Under Tamil Nadu Value Added Tax Act, 2006 a new Section has been inserted as shown below:

          13-A. Tax Deductor Identification number:-- Any person liable to make deduction of tax under Section 13 shall apply to such authority in such manner as may be prescribed and shall obtain a tax deduction identification number.

DISCLOSURE OF TDS DETAILS IN THE MONTHLY RETURNS

        For this purpose new Form YY has been prescribed which is available in ctd.tn.gov.in new portal under Tamil Nadu Value Added Tax Act Forms.

        The Tax Deduction at Source (TDS) adjustment details and Tax due, adjustment made and payable details were to be disclosed in Part E and Part F of Form K Monthly return.


https://ctd.tn.gov.in/documents/10184/21612/Press+Release+No.453+-English/e675d8e4-19a5-459e-a6a4-f0dbb0abbd73?version=1.5