Contingencies in which return period is to be changed to monthly basis and
the form and manner in which monthly return is to be furnished.
35. (1) Where the appropriate assessing authority is satisfied that a dealer, who is required to furnish return quarterly in accordance with the provisions of sub-rule (1) of rule 34 -
(a) has failed to make monthly payment of tax in terms of rule 40 for more than three months in a year; or
(b) has failed to pay tax as per the provision of rule 42 for the month of March of the preceding year; or
(c) has opted in writing to furnish monthly returns, such assessing authority may, after giving such dealer a reasonable opportunity of being heard, fix monthly return in lieu of quarterly return for such dealer, for reasons to be recorded in writing, with effect from the first month of the quarter, immediately following the quarter or month during which such order is passed, and thereupon such dealer shall furnish return monthly in Form No. 14 within twenty-one days from the expiry of the English Calendar month in respect of which the return is required to be furnished :
Provided further that where a dealer, whose return period is fixed monthly under clause
(a) or clause (b), establishes to the satisfaction of the appropriate assessing authority that he has complied with the provisions of this rule and rule 41 during the last two years, the said authority shall, on an application made in this behalf by the dealer, fix quarterly return period under sub-rule (1) of rule 34 and thereafter the dealer shall furnish quarterly return from the quarter comprising the month in which the return period is fixed under this proviso, and if monthly return for any part of the quarter has already been furnished, the dealer shall furnish a single return for the remaining part of the quarter in which such order has been passed.
Explanation - For the purpose of clause (c), only such a dealer who owns an industrial unit in Software Technology Park or who owns an Export Oriented Unit, having the same meaning as in the Export and Import Policy for 1992-97 as formulated under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), situated anywhere in West Bengal and holding Registration-cum-Membership Certificate issued in favour of such dealer by the respective Export promotion Council under the said policy, may opt in writing to the assessing authority to furnish monthly returns.
(2) The provisions of sub-rule (2), sub-rule (3), sub-rule (4) and sub-rule (5) of rule 34 shall apply mutatis mutandis in the manner of furnishing monthly returns under this rule.
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