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State of Madhya Pradesh - Section

Section 25 in The M.P. Vanijyik Kar Niyam, 1995

25. Terms and conditions subject to which permission to submit annual return may be granted.

(1)A registered dealer required to furnish quarterly returns under clause (a) of sub-rule (1) of Rule 19 may make an application to the Commissioner in Form 24 for grant of permission under Section 26 to furnish an annual return. Such application shall be made within thirty days of the commencement of the year in respect of which the application is made and the Commissioner shall pass orders on every such application before the expiry of the first quarter of the said year.
(2)Permission to furnish an annual return shall not be granted to a dealer who -
(a)is required to furnish monthly returns under Rule 20; or
(b)fails to pay any tax payable by him under the Act or under any earlier law, or under the Central Sales Tax Act, 1956 (No. 74 of 1956); or
(c)fails without sufficient cause to furnish returns under the Act; or
(d)is convicted of an offence punishable under the Act, or under any earlier law.
(3)Permission to furnish an annual return may not be granted to a dealer who has not submitted all the returns for the year immediately preceding the year in respect of which the application is made.
(4)Nothing contained in sub-rule (2) shall restrict the Commissioner from permitting a dealer to furnish an annual return where the dealer is the Central or a State Government or any of their department.
(5)The permission shall be granted in Form 25 and shall be subject to the following terms and conditions :
(i)the dealer shall pay within thirty days of the expiry of each quarter tax equal to ¼th of the amount of tax to which he has been assessed for the latest preceding year of assessment or ¼th of the amount of tax payable according to his returns for the latest preceding year, whichever is greater;
(ii)the dealer shall furnish the annual return within thirty days of the expiry of the year in respect of which such permission is granted and shall pay along with the return the balance of tax, if any, representing the difference between the tax payable according to his annual return and the tax already paid by him;
(iii)the annual return shall be accompanied by the challan in Form 39 in respect of tax paid for the four quarter of the year;
(iv)the permission granted shall stand automatically revoked if the dealer is convicted of an offence punishable under the Act or under any earlier law and in that case he shall furnish all the return normally due from him in accordance with the provisions of Section 26 within a period of thirty days from the date of such conviction; and
(v)the permission granted under this rule shall be liable to be cancelled for breach of any of the terms and conditions subject to which it has been granted.