State of Rajasthan - Act
The Rajasthan Tax on Professions, Trades, Callings and Employments Rules, 2000
RAJASTHAN
India
India
The Rajasthan Tax on Professions, Trades, Callings and Employments Rules, 2000
Rule THE-RAJASTHAN-TAX-ON-PROFESSIONS-TRADES-CALLINGS-AND-EMPLOYMENTS-RULES-2000 of 2000
- Published on 1 April 2000
- Commenced on 1 April 2000
- [This is the version of this document from 1 April 2000.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
Chapter II
Registration and Enrolment
3. Grant of certificate of registration.
4. Grant of certificate of enrolment.
5. Cancellation of certificates.
6. Exhibition of certificates.
- The holder of the certificate of registration or the certificate of enrolment, shall display conspicuously at his place of work, the certificate of registration or the certificate of enrolment, as the case may be.7. Issue of duplicate copy of certificates.
- If a certificate of registration or certificate of enrolment granted under these rules is lost, destroyed, defaced or becomes illegible, the holder of the certificate shall apply to the prescribed authority for the grant of duplicate copy of such certificate. The said authority shall, after such verification as he may deems necessary, issue to the holder of the certificate, a copy of such certificate, after stamping thereon the words "Duplicate copy".8. 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 PT 5 or, in Form PT 6, as the case may be.Chapter III
Returns, Notices and Payment of Tax
9. Commissioner to give a public notice.
- The Commissioner shall in the month of April every year give a public notice by publication in the State level 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 provisions of the Act, and the rules.[10. Returns and payment of tax by employers. - Every employer registered under the Act shall deposit the amount of tax due for the month, within fifteen days of the end of the month, and shall file and annual return within thirty days of the end of the year in Form PT 7. Such return shall be accompanied with the proof of payment of tax during the year in Form PT 12.] [Substituted Notification dated 23-1-2003 (27-1-2003)]11. Special provisions for returns to be furnished by the employer for the first year in which he is granted Registration Certificate.
- Notwithstanding anything contained in sub - rule (3) of rule 10 an employer registered under the Act shall furnish the first return for the period commencing on the day on which he so becomes liable to be registered and ending on the last day of quarter in which he is granted the certificate of registration and shall be filed on or before the last date of the period. The return shall contain the details of the salaries and wages, and the arrears, if any, paid and the amount of tax deducted by him in respect of the period commencing from the 1st day of the month immediately preceding the month in which he becomes so liable and ending on the last day of the month immediately preceding the last month of the period to which such return relates and the arrears, if any, of the months preceding such period.12. Special provisions for last return in certain cases.
- Where the certificate of registration granted to an employer is cancelled under rule 5, the last return to be furnished by such employer shall be for the period commencing on the first day of the year, the quarter or the month as the case may be, in which the certificate is so cancelled and ending on the day on which such employer has ceased to be an employer.[13. Payment of tax, interest, penalty and composition by the employer. - An employer required to pay tax, interest, penalty and composition amount shall make such payment in the concerned treasury or the bank authorised to receive money on behalf of the State Government by means of a challan in Form PT 12, or through a demand draft or a crossed cheque drawn in favour of the prescribed authority concerned, drawn on any bank authorised by the State Government or by depositing the amount in cash in the office of the prescribed authority.] [Substituted by Notification dated 23-1-2003 (27-1-2003).]14. Notice under sections 6(7), 8(3) and 9.
- The notice under Sub-section (7) of section 6, under sub - section (3) of section 8 and under clause (a) of sub - section (2), or sub - section (4) of section 9, shall be issued by the prescribed authority in Form PT - 8, and the date fixed for compliance therein shall not be earlier than fifteen days from the date of service of notice, unless some specific reasons are recorded for reduction of this period.15. Notice under section 6(6).
- The notice under sub-section (6) of section 6 to a person liable to registration or enrolment shall be issued by the assessing authority in Form PT-9.16. Order of assessment.
- The order of assessment under section 9 shall be passed in Form PT 10.17. Notice of demand under section 9(5) etc.
- The notice of demand under sub-section (5) of section 9 and for other demands, including the interest or penalty imposed under the Act, shall be issued by the assessing authority in form PT-11.18. Deduction of tax amount from the salary or wages of employees.
19. 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 employment and the said register shall contain a column in which shall be shown the amount deducted from the salary and wages of the employees on account of the tax.20. Payment of tax by persons other than employers.
- A person, other than an employer, liable to pay tax shall make payment of the tax within the period specified in notification issued under section 7 of the Act, by paying the requisite amount into the treasury. Every' payment shall be accompanied by a challan in Form PT-12 which shall consist of five parts marked, "Part-I", "Part-II", "Part-III", "Part-IV" and "Part-V" respectively. The person making payment under this sub-rule shall fill in all the parts of Form PT-12, and shall present the Form along with the amount of tax at the authorised bank. The Part-I, Part-II and Part-Ill of this challan form shall be sent by the bank to treasury whereas, Part-IV and Part-V shall be returned to the tax payer duly receipted. The tax payer will retain part, Part-V with him and Part-IV shall be submitted to his prescribed authority. The treasury shall retain Part-I and shall sent Part-II to the prescribed authority and Part-III to the Accountant General for Rajasthan.21. Action for default by an enrolled person.
- If a person liable to pay tax has failed to get himself enrolled, then without prejudice to the action that may be taken against him under sub-section (6) of section 6, the assessing authority shall after giving that person a reasonable opportunity of being heard by issuing a notice in Form PT 13, and after such inquiry, as may be deemed fit, or otherwise assess the person to the best of his judgement and serve on him a notice of demand in Form PT 14 to pay such demand within fifteen days of the receipt of the notice of demand.Chapter IV
Change In Place of Work
22. Shifting of place of work.
Chapter V
Appeal, Rectification and Refund
23. Appeals.
- An appeal under section 20 and 21 shall -24. Rectification.
- A notice under section 24 shall be issued in Form PT 16.25. Order sanctioning refund of tax.
Chapter VI
Composition and Waiver
26. Intimation of accepting composition money.
- Where an application for composition is made to the prescribed authority under section 28, the prescribed authority shall with the prior approval of the Deputy Commissioner, accept from the applicant a sum by way of composition of an offence, and shall send an intimation in Form PT 19 to the applicant in this behalf.27. Reduction or waiver of interest.
- Application for waiver of interest shall be submitted to the Commissioner, on a plain paper, mentioning therein the reasons for such waiver. On receipt of such application, the Commissioner, on being satisfied to do so, may waive or reduce the interest payable under the Act.Chapter VII
Miscellaneous
28. Services of notices.
29.
[XXX] [ Deleted vide Notification dated 23-1-2003]30. Payment of fee.
- Fees shall be payable in court lee stamps only. The following rates shall be payable on applications and memorandum of appeals etc., relating to or arising out of proceeding under the Act and other matters ancillary or incidental thereto -| (a) Memorandum of appeal against an order of assessment orpenalty or interest :- | |
| (i) Before DC (Appeals) | Rs. fifty only |
| (ii) If filed in Tax Board | Rs. One hundred only |
| (b) Application for revision | Rs. One hundred and fifty only |
| (c) Application for determination of any question u/s 14 | Rs. Fifty only. |
| (d) Application for grant of a duplicate copy of registrationcertificate, or enrolment certificate | Rs. Ten only |
| (e) For any other matters for which no fee is specified above | As per rule 73 of RST Rules, 1995 |
| Building Street/Road | |
| Municipal ward | |
| Town/City | Pincode |
| Tehsil | District |
| Proprietor | Partner | Principal officer | Agent | Manager | Director | Secretary |
| Individual | Firm | Company | Corporation | Society | Club | Association |
| Name | Address |
| 1 | |
| 2 | |
| 3 | |
| 4 |
| No. | {| | ||||
| Town/City | Pin code |
| Tehsil | District |
| Number of Certificate of Enrolment | {| | ||||
| Enrolment Certificate No. | {| | ||||
| Seal | |
| Place............... | Signature...................................... |
| Date................ | Designation.................................... |
| Name of the employer | Address of the employer | Registration No. of employer |
| 1. | ||
| 2. | ||
| 3. | ||
| 4. | ||
| 5. |
| Profession Tax | Period | |
| From | To | |
| Registration | ||
| CertificateNo........................................ | ||
| Name andaddress….................................….................................... |
| Employees whosemonthly salaries or wages are. - | No. of Employees | Rate of Tax | Amount of taxdeducted |
| 1. Rs. 12,500/ - orless | Nil | ||
| 2. Rs. 12,501 to Rs.16,500/ - | |||
| 3. Rs. 16,501/ - toRs. 20,000/ - | |||
| 4. Rs. 20,001 andabove. | |||
| Tax Amount: | |||
| Interest amount: | |||
| Less excess tax paid,if any, in the previous year/quarter/month: | |||
| Total amount paid: | Amount | Date |
| Date........... | Signature................................ |
| Place.......... | Designation.............................. |
| Employees whosemonthly salaries or wages are - | As in theemployer's return | As determined inaccordance with notification issued under section 7 | ||||
| No. of Employees | Rate of tax | Amount of taxdeducted | No. of Employees | Rate of tax | Amount of taxdeducted | |
| 1. Rs. 12,500/ - orless | ||||||
| 2. Rs. 12,501/ - toRs. 16,500/ - | ||||||
| 3. Rs. 16,501/ - toRs. 20,000/ - | ||||||
| 4. Rs. 20,001/ - andabove |
1. Take notice that the tax payable by you for the period from ............ to ............ has been determined by Assistant Commissioner of Commercial Taxes/Commercial Taxes officer/Assistant Commercial Taxes officer ................. Circle ............. Place ............Under the order No.................dated............of Rs. ............A penalty of Rs..............of interest of Rs............ has also been imposed under section ..............
2. You are hereby directed to pay the total amount of Rs.................. into Government Treasury within 15 days from the date of receipt of this notice.
3. If you do not pay the amount as directed above, it will be recoverable as an arrears of land revenue under section 15 of the Rajasthan Tax of Profession, Trades, Callings and Employments Act, 2000.
4. If the amount is not paid as directed above without reasonable cause, you will also be liable to pay interest under section 11 and penalty under section 12 of the Rajasthan Tax on Professions, Trades, Callings and Employments Act, 2000.
5. Any appeal/revision against the order must be presented to the Deputy Commissioner (Appeal), Commercial Taxes/Tax Board within the time and in the manner as laid down in section 20 or 21 of the Rajasthan Tax on Professions, Trades, Callings and Employments Act, 2000.
Place :Date :Signature ..............Designation ..........Government of RajasthanCommercial Taxes Department| Form PT 12 | P.T.R.C. No. .............. |
| [See rule 18 and 20] | Enrolment No. ............ |
| Prescribed Authority : ................... |
| Enrolment CertificateNo. | Particulars | |
| Tax | Rs. | |
| Interest | Rs. | |
| Penalty | Rs. | |
| ComPage Money | Rs. | |
| Total amount | Rs. |
| Received rs. (inwords) | (In figures) |
| Form PT 17Foil I(Refund Order) | Form PT 17Foil II(Refund Order) | Form PT 17Foil III(ProfessionalTax Refund Advice of payment) |
| Book No. .........S.No. ......Professional TaxProfessional Tax deduct RefundRegistration/EnrolmentCertificate No. ........Date of order directingrefund.........Valid upto ....... Amount ofRefund .......S. No. of the assessee in demandcollection register.............(Collection amount which is tobe refunded, had been credited vide Treasury/Bank videChallan No..............Date....................Initial of the PrescribedAuthority /officer............ Signature of Recipient............ Date of encashment in the GovernmentTreasury............ | Book No. ........S.No. .........Professional TaxProfessional Tax deductValid upto ........... only.Payable at ...........1. Certified that as perassessment record bearing assessee name in demand collectionregister at No. ............ a refund of Rs. ........is due toM/S ........2. Certified that the tax,penalty or interest or demand concerning which the refund isgiven, has been credited in Bank vide Challan No. .... dated.......3. Certified that no refundorder regarding the sum now in question has previously beengranted and issued and this order has been entered in theoriginal file of assessment order under mu signature. please payto .... account of the above refund the sum of Rs........(Figures) Rs. (Words).Signature and Seal of PrescribedAuthority/Officer .......(Claimants signature) Examined......................................Signature of TreasuryOfficer/Manager of Bank. | Book No. ........S.No. ......... Refund Date ofissue ........Amount of refund ....... (Infigures) ......... (In words)................Paid at.................................Signature and designation ofpaying authority…........................................................No..........................dated…..................Checked and refunded to theprescribed authority/officer ........ The amount has been ajustedin treasury under head ..... Profession on tax-deduct refunds.Seal of Treasury orBank...............................................Signature of TreasuryOfficer/Manager of Bank.…................................................................................. |
| Advice of Refundof Professional Tax.......Professional Professional tax deduct:Refund.BookNo. .....S.No. ......The Treasury Officer/Manager ........(Nameof Bank/Treasury)Thisthe first advice on ..........Treasury/Bankin continuation Advice No. .......... dated .......Particularsof Professional Tax Refund Order.BookNo. …......................DatedS.No.of Voucher .........…...............................….................................Validupto .....Refund payable to .........Orderissued by me onAmountof Refund .......AssessmentRecord bearing ..........P.T.R.C.No.........Assessmentyear .......................................Date...........PrescribedAuthority ........................................................................ | Advice of Refundof Professional Tax….........Professionaltax deduct : Refund.BookNo. ......S. No. .......To.The Treasury Officer/Manager ........(Name of the Bank/Treasury)Treasury/Bankin continuation of Advice No. dated .........Particularsof Professional tax Refund Order.BookNo. .... dated ..........S. No. of voucher ..........Validupto ......... Refund payable to .........Orderissued by me on ....Amountof Refund ................AssessmentRecord bearingP.T.R.C.No. ..................................AssessmentYear .........Date ...................................PrescribedAuthorityCircle...................................Ward..................................... |