Section 61 in The Maharashtra Value Added Tax Act, 2002
61. Accounts to be audited in certain cases.
(1)Every dealer liable to pay tax shall, -(a)if his turnover of sales or, as the case may be, of purchases [exceeds rupees sixty lakh] [Substituted for the words 'exceed or exceeds rupees forty lakh' by The Maharashtra Tax Laws (Levy and Amendment) Act, 2010, Section 16(1), (w.e.f. 1-5-2010).] in any year, or(b)[ a dealer or person who holds licence in,- [Clause (b) was substituted by the Maharashtra Value Added Tax (Levy and Amendment) Act, 2005, Section 34(1).](i)Form P.L.L. under the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966, or(ii)Form B-RL under the Maharashtra Manufacture of Beer and Wine Rules, 1966, or(iii)Form E under the Special Permits and Licence Rules, 1952, or(iv)Forms FL-I, FL-II, FL III, FL-IV under the Bombay Foreign Liquor Rules, 1953, or(v)Forms CL-I, CL-II, CL-III, CL/FL/TOD-III under the Maharashtra Country Liquor Rules, 1973,](c)[ if he holds an Entitlement Certificate in respect of any Package Scheme of incentives, granted under this Act or, as the case may be, under the Bombay Sales Tax Act, 1959,] [Clause (c) was inserted by The Maharashtra Tax Laws (Levy and Amendment) Act, 2010, Section 16(2), (w.e.f. 1-5-2010).]get his accounts in respect of such year audited by an accountant within the prescribed period from the end of that year and furnish within that period the [complete report of such audit] [These words were substituted for the words 'report of such audit' by Maharashtra 15 of 2011, Section 17(1)(a), (w.e.f. 1-5-2011).] in the prescribed form duly signed and verified by such accountant and setting forth such particulars and certificates as may be prescribed.[Provided that, for the year 2017-18, the provisions of this subsection shall be applicable to a dealer, whose registration is deemed to have been cancelled under sub-section (6-A) of section 16, if the,-(a)aggregate of his turnover of sales and the value of goods transferred to any other place of his business or of his agent or principal, situated outside the State, not by reason of sale, or(b)turnover of purchases, exceeds rupees twenty five lakh.][Provided further that, a dealer whose tax liability, in any year commencing on or after the 1st April 2019 does not exceed rupees twenty-five thousand, shall not be liable to file such audit report.Explanation. - For the purpose of this proviso, the expression "tax liability" means the total of all taxes payable by a dealer under the Value Added Tax Act or, as the case may be, the Central Sales Tax Act, 1956 (74 of 1956), after adjustment of the amount of set-off or refund claimed by the dealer, if any, under the respective Acts.] [Inserted by Maharashtra Act No. 16 of 2019, dated 9.7.2019.][Explanation I] [The Explanation numbered as 'Explanation-I' by the Maharashtra 15 of 2011, Section 17(1)(b) (w.e.f. 1-5-2011).].- [For the purposes of this section and sub-section (1) of section 32A] [These words were substituted for the words 'For the purposes of this section' by Maharashtra Tax Laws (Levy and Amendment) Act, 2013, Section 12, (w.e.f. 1-5-2013).], "Accountant" means a Chartered Accountant within the meaning of the Chartered [Accountants Act, 1949 or a Cost Accountant within the meaning of the Cost and Works Accountants Act, 1959] [These words and figures were substituted for the words and figures 'Accountants Act, 1949' by Maharashtra 25 of 2007, Section 17(1), (w.e.f. 15-8-2007).].[Explanation II.- For the purposes of this Section, an audit report shall be deemed to be the "complete audit report" only if all the items, certifications, tables, schedules, and annexures are filled appropriately and are arithmetically self-consistent.] [Explanation II was added by Maharashtra 15 of 2011, Section 17(1)(b) (w.e.f. 1-5-2011).](2)If any dealer liable to get his accounts audited under sub-section (1) fails to furnish a copy of such report within the time as aforesaid, the Commissioner may, after giving the dealer a reasonable opportunity of being heard, impose on him, in addition to any tax payable, a sum by way of penalty equal to one tenth per cent, of the total sales [* * *] [The words 'or as the case may be, purchases or a sum of one lakh rupees, whichever is less' deleted by Maharashtra 25 of 2007, Section 17(2), (w.e.f. 15-8-2007).].[Provided that, if the dealer fails to furnish a copy or such report within the period prescribed under sub-section (1), but files it within one month of the end of the said period, and the dealer proves to the satisfaction of the Commissioner that the delay was on account of factors, beyond his control, then no penalty under this sub-section shall be imposed on him.] [Proviso added by the Maharashtra Value Added Tax (Levy and Amendment) Act, 2005, Section 34(2).](2A)[ Where a dealer liable to file audit report under this section has knowingly furnished the audit report which is not complete, then the commissioner may, after giving a reasonable opportunity of being heard, impose on him, in addition to any tax payable or any other penalty leviable under this section or any other section, a sum by way of penalty equal to one tenth per cent., of the total sales.] [Inserted by Maharashtra 15 of 2011, Section 17(2) (w.e.f. 1-5-2011).](3)[ Nothing in sub-sections (1) and (2) shall apply to Departments of the Union Government, any Department of any State Government, local authorities, the Railway Administration as defined under the Indian Railways Act, 1989), the Konkan Railway Corporation Limited and the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950.] [Sub-section (3) added by the Maharashtra 25 of 2007, Section 17(3), (w.e.f. 15 8-2007).]
