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[Cites 0, Cited by 0] [Section 11] [Entire Act]

State of Kerala - Subsection

Section 11(1) in Kerala Value Added Tax Rules, 2005

(1)Every application for exercising option for payment of compounded tax under section 8 shall be in the case of a dealer other than a works contractor in Form No. 1D and in the case of a works contractor in Form No. 1DA and shall be filed before the assessing authority on or before the 30th day of April every year:Provided that in case of dealers who become liable to registration under the Act during the course of the year, such option shall be filed along with the application for registration.Provided further that, -
(a)in the case of a contractor, the option shall be filed within thirty days from the date on which the contract, in respect of which such option is filed, is concluded. One such option may cover one or more works contract;
(aa)in the case of a builder or whatever name called who engaged in the construction and sale of flats or villas shall file option `project wise' and such dealer shall not be entitled for payment of tax in a different stream for individual flats or villas covered under such projects.
(b)in the case of a dealer of medicines and drugs filing option under clause (e) of section 8, the option shall cover all categories of medicines and drugs sold by him.;
(c)Where a dealer becomes eligible for payment of tax under any of the clauses of section 8 for the year 2005-2006 in the light of the Kerala Value Added Tax (Amendment) Act, 2005 (39 of 2005) option shall be filed within one month from the date on which the Kerala Value Added Tax (amendment) Rules, 2005 is published. A contractor covered by item (iii) of clause (a) of section 8 shall also file option within this time. Item (iii) of clause (a) of section 8 shall apply to cases where the contractor had made the option either by filing an application before the assessing authority or by making an express provision in the contract.
Provided also that in the case of a dealer in ornaments or wares or articles of gold, silver or platinum group metals eligible for payment of tax under clause (f) of section (8) shall file option for the year 2006-07 on or before 15th March, 2007. (1A). Along with the application the dealer shall furnish the following documents, namely:
(a)in the case of a works contractor other than those covered by item (iii) of clause (a) of section 8-
(i)a copy each of the agreement executed by the contractor with the awarder and the work schedule; and
(ii)copies of the agreement executed with sub-contractor and certificates in Form No.20H obtained from each sub-contractor (applicable in cases where deduction is claimed in respect of sub-contracts);
(b)in the case of a works contractor covered by item (iii) of clause (a) of section 8-
(i)copies of the permission, if any, granted under subsection (9) of section 7 of the Kerala General Sales Tax Act, 1963 (15 of 1963)
(ii)a certificate from the awarder showing the date of awarding, total amount and payments already made in respect of each contract; and
(iii)a copy each of the agreement executed by the contractor with the awarder and the work schedule;
(c)in the case of a metal crushing unit, a statement in the following format
Size of machine whether used as Primary machine or not No. of machines in use
(1) (2) (3)
     
(d)in the case of a dealer lending video cassettes/ CD, a statement in the following format:
Total No. of Shops No. of Shops situated within the area of aMunicipal corporation/municipality No. of shops situated in other places
(1) (2) (3)