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State of Kerala - Section

Section 11 in Kerala Value Added Tax Rules, 2005

11. Filing of option by dealers for payment of compounded tax.

(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)
     
(2)
(i)If the assessing authority is satisfied that the application filed is in order, it shall grant permission:
(a)under clause (a) of section 8 in Form No 4D,
(b)Under clause (b) of section 8 in Form No 4DA,
(c)under clause (c(i)) of section 8 in Form No 4DB,
(d)under clause (c)(ii) of section 8 in Form No 4DC,
(e)under clause (d) of section 8 in Form No 4DD,
(f)under clause (e) of section 8 in Form No 4DE and
(g)under clause (f) of section 8 in Form No 4DF."
(ii)If the application filed is not in order, the assessing authority shall reject the application, for reasons to be recorded in writing, after giving the dealer an opportunity of being heard.
(3)Where a works contractor who has opted for payment of compounded tax under item (i) of clause (a) of section 8 becomes ineligible for payment of tax under that item in respect of a contract he shall inform the assessing authority and the awarders within ten days of his becoming so ineligible. The assessing authority shall, if the contractor is eligible for payment of tax under item (ii) of clause (a) of section 8, revise the order issued in form No. 4D accordingly. If the contractor is not so eligible, the assessing authority shall cancel the certificate issued in form no. 4D in respect of that contract and thereupon he shall be liable for payment of tax in accordance with the provisions of sub-section (1) and (2) of section 6 in respect of such contract. In either case the assessing authority shall forward a copy of the revised permission issued in Form No. 4D or the order canceling the permission, as the case may be, to the awarder.
(4)The certificate referred to in the Explanation II to clause (a) of section 8 shall be in Form No.20H.
(5)
(a)Where a dealer in cooked food who became eligible for payment of tax under section 8 by the amendment made by the Kerala Value Added Tax (amendment) Act, 2005 (39 of 2005) had collected tax on the sales prior to the date of submission of the application, the tax collected in excess of the compounded tax payable for the period shall be paid over to Government
(b)Where the actual turnover of a bar attached hotel falling under any of the categories to which the provisions of item (ii) of clause (c) of section 8 applies, in respect of cooked food and beverages prepared by it is more than fifteen percent of its turnover of foreign liquor as estimated under section 7 of the KGST Act, 1963 (15 of 1963), it shall be liable to pay tax on the actual turnover conceded by it.
(6)where any dealer paying tax under section 8 who is also liable to pay tax under sub-section (2) of section 6, fails to pay the tax under sub-section (2) of section 6, the assessing authority shall cancel the permission granted under sub-rule (2) after affording the dealer a reasonable opportunity of being heard.
(7)Where any additional machinery or machineries are installed by a dealer producing granite metals with the aid of mechanized crushing machine who had opted for payment of compounded tax under clause (b) of section 8, the details thereof shall be furnished to the assessing authority within fifteen days of such installation and the assessing authority shall thereupon revise the permission granted under sub rule (2).