(Revenue Division)
Central Board of
Revenue
[Sales Tax &
Federal Excise Wing]
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C. No. 5/8-STB/2005.
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SALES TAX CIRCULAR NO. 02/2005
SUBJECT: FILING OF SEPARATE RETURNS BY REGISTERED
PERSONS DEALING SIMULTANEOUSLY IN DIFFERENT BUSINESS ACTIVITIES.
A
number of registered persons dealing simultaneously in different/ composite
business activities have approached the Central Board of Revenue with the plea
that since a number of special sales tax procedures are in vogue requiring
registered persons to charge/deposit sales tax in various manners laid down in
the relevant notifications and to declare their transactions in the sales tax
returns prescribed therein, therefore, it is not possible for them to declare
their transactions in a single sales tax return.
02. Considering
the genuine hardship faced by such registered persons dealing simultaneously in
different business activities defined under the Sales Tax Act, 1990 the Board
in exercise of the powers conferred under section 55 of the Sales Tax Act, 1990
is pleased to allow such registered persons to file separate sales tax return
for their each business activity as prescribed under the relevant notifications
in addition to the normal sales tax return-cum-payment challan
prescribed under notification SRO 533(I)/2005 dated: 06-06-2005, wherever
applicable. However, input tax adjustment/ refund shall not be allowed to such
persons to the extent barred under the relevant notification. As regards the
refund/ adjustment of input tax incurred to the extent of the transactions
which are not governed by any special procedure, the same shall continue to be
dealt with under the relevant provisions of law. Furthermore, the Board is also
pleased to allow the said registered persons who did not file their sales tax
returns for the month of June and July 2005 in the manner prescribed above to
revise their returns accordingly without any penalty or default surcharge.
(Wajid Ali)
Secretary
(ST&FE-Budget)