Framing of assessments under CST Act, 1956. - VAT - Delhi - 02 of 2011-12

GOVERNMENT OF NCT OF DELHI DEPARTMENT OF TRADE 7 TAXES VYAPAR BHAWAN, I.P.ESTATE, NEW DELHI-110002 No. F 6(85)/Policy/VAT/2011/147-154 Dated: 09-06-2011 CIRCULAR NO. 2 of 2011-12 Subject: Framing of assessments under CST Act, 1956 . Section 9(2) of CST Act, 1956 empowers the assessing authorities to frame assessments in accordance with the provisions contained in general sales tax law of the appropriate state which is Delhi Value Added Tax act, 2004 in case of Delhi. 2. Circulars for framing central assessments have been issued in the past also. Circular No. 13 of 2007-08 dt. 30/01/08 and Circular No. 15 of 2006-07 dt. 30/03/07 may also be referred in this regard. 3. The time limit for furnishing statutory forms is three months after the end of each quarter to which the declarations or statutory forms relates. Second provision to Rule 12(1) of Central Sales tax (Registration Turnover) Rules, 1957 provides for covering all transaction of sale, which take place in a quarter of financial year between same two dealers. The prescribed time of three months is some times extended to a quarter or more than quarter at times centrally by Commissioner, VAT in esercise of the powers conferred under relevant provisions of Central Sales Tax (R T) Rules, 1957 and DVAT Rules, 2005 . 4. It has also come to notice that some assessing authorities are issuing manual assessment order in contravention of instructions contained in Circular No. 15 of 2006-07. 5. in order to Liquidate all pending assessments of deficient central statutory forms cases.it has been decided to adher to following time schedule. S. No. Assessment year Quarter Date by which assessments to be completed 1 2 3 4 1. 2007-08 Qtr.II Qtr.III Qtr. IV 30-06-2011 3.-09-2011 2. 2008-09 All Quarters 31-12-2011 3. 2009-10 All Quarters 31-03-2012 4. 2010-11 All Quarters 30-06-2012 If time permits, assessing authorities may take up the cases for assessment even before the dates indicated in Col. 4 above. However, no case pertaining to any year for deficiency of statutory forms should remain un-assessed beyond the dates indicated above, it shall be personal responsibility of each Assessing Authority in respect of their assigned work. 7. While taking up a case for assessment due to deficiency of statutory forms, other aspects like scrutiny of balance sheet (for dealer having GTO Rs. 40.00 lakh), timely filling of returns, timely payment of due tax credit, reversal of tax credit on transfer of goods after local purchase, tally of return version with balance sheet etc., may also be looked into. 8. For dealers who are not engaged in central sale in particular period/year, no reconcillation is required. 9. This issues with the approval of Commissioner, VAT. (G. C.. Lohani) VATo (Policy)