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RETURN FORM
Works Contractors, whether or not opting for composite scheme, whether or not having only part of their business for Works Contracts, have to file their return in
FORM 233.
PERIODICITY
| 6 Monthly |
Quarterly |
Monthly |
Tax Liability for the year as follows:
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| Less than Rs.100,000 (1Lakh) |
Rs.1,00,000 (1 Lakh) to Rs.10,00,000 (10 Lakh) |
More than Rs.10,00,000 (10 Lakh) |
Refund for the year as follows
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| Less than Rs.1,000,000/- |
Rs.10,00,000 (10 Lakh) to Rs.100,00,000 (1 Crore) |
More than Rs.100,00,000 (1 Crore) |
Due Date
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| 21 days from end of period |
21 days from end of quarter |
21 days from end of month |
End of period
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| September, March |
June, Sept, Dec, Mar |
Each month |
PAYMENT OF TAX
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How ? |
Where ? |
| Original |
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In Return cum challan |
Local office of Sales Tax Department |
| Fresh |
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Return is Separate from Challan. Challan to be filled in Form 210, and then attested with Return |
Challan to be submitted in Bank in government treasury
account Return in prescribed form with local office of Sales Tax department |
| Revised |
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| Revised |
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| Original |
Turnover < 100,00,000 |
In Return cum challan |
Local office of Sales Tax Department |
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Turnover > 100,00,000 |
Return is Separate from Challan. Challan to be filled in Form 210, and then attested with Return |
Challan to be submitted in Bank in government treasury
account Return is to e-filed. |
| Fresh |
|
Return is Separate from Challan. Challan to be filled in Form 210, and then attested with Return |
Challan to be submitted in Bank in government treasury
account Return with local office of Sales Tax department or e-filing as may be the case |
REFUND
| Particulars |
When to claim the refund? |
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| Returns other than the ‘Last’ i.e. March Return |
The ‘negative’
balance payable has to be carried forward to the subsequent
period and be treated as credit i.e. amount regarded as already
been paid. No refund is available in this case |
On Making such an application, the Sales Tax Department gives 90% of the refund that has been claimed. The remaining 10% being held back pending the assessment
proceedings. The Sales Tax Department has to make the Refund within 6 Months |
| Last Return of the
year |
Refund can be claimed after making an Application in Form 501The Sales Tax Department has to make the Refund within 6 Months of filling the return (whether done within the prescribed period or not)
*See Note 1,2 |
Note 1:
In case of dealers who have registered for the first time in a given year, the time limit for the Sales tax Department for granting the refund is 6 months from the end of the subsequent year to the year in which the registration was made.
E.g. Fresh registration is made in June 2009. Application for refund is made for the period ending March 2010. The time limit specified for the department to grant refund is September 2010 (6 months after the end of subsequent year i.e. March 2010 + 6 months)
Exception: In case the dealer makes an application and furnishes a Bank Guarantee, then at the discretion of the commissioner, the time limit will be reduced to the one that is applicable to all other dealer i.e. in this case, September 2010
Note 2:
Claiming refund without allowing any amount to be carried forward as credit for the next period was compulsory for Financial Year 2005-2006.
By way of notification, the compulsion was removed for Financial Year 2006-2007. In that year, the dealer had the option of carrying the refund amount forward to next year.
For the Financial Year 2007-2008 & onwards, there has been no such notification. Therefore, the interpretation is that the dealer has to make compulsory application for refund, if there is any.
** The time limit to make the application for refund is 3 years from the end of the year/ period for which the refund has been sought
***INTEREST ON REFUND is payable at 6% per annum and is calculated from the end of the time limits, as have been specified in the above table, till the actual date of payment. In case of assessment proceedings, where an order for granting refund has been passed, the time limit is 90 days from date of order. Interest will be calculated from thereafter.
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