In the case of a fleet owner, the foregoing provisions shall, so far as may be, apply subject to the following modifications, namely:-
(1) The preliminary declaration under sub-section (1) of section 10 and the final declaration under sub-section (4) of section 10 shall be made in Form “HT” and Form “IT” respectively.
(2) Such declarations shall be delivered to the Taxation Authority by hand delivery or sent to it by registered post. The final declaration along with Form “JT” shall be sent so as to reach the Taxation Authority on or before the 30th April of the year next to which it pertains.
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(3) A certificate of provisional assessment of tax under sub-section
(2) of section 10 shall be issued by the Taxation Authority in Form “KT” by the second week of April of the year to which it pertains.
(4) A certificate of final assessment of tax under sub-section (5) of section 10 shall be issued by the Taxation Authority in Form “KT” within a period of one year from the date of receipt of the final declaration.
(5) The amount of additional tax due if any, as a result of the final assessment of tax shall be paid by the fleet-owner to the Taxation Authority, within fifteen days from the date of receipt of the certificate of final assessment by him.
(6) (a) In case of excess payment, a certificate for refund of the difference between the amount of tax provisionally paid by the fleet owner and the amount of tax,as finally determined shall be issued by the Taxation Authority to the fleet-owner in Form “LT”, within fifteen days from the date of issue of the certificate of final assessment of tax.
(b) A fleet owner to whom a certificate in Form “LT” has been issued shall, on presentation of the certificate at the local Government Treasury, the Reserve Bank of India, the State Bank of India, or any other bank conducting the cash business of the State Government within thirty days from the date of its issue or from the date of signification of any subsequent renewal of the certificate by the Taxation Authority, be entitled to have the refund of the sum mentioned therein.
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(c) The Taxation Authority shall maintain a register of refunds and every amount for which a certificate of refund in Form “LT” is issued shall be entered in such register. It shall also make an endorsement of the refund on the certificate of provisional assessment issued by it.
(7) Notwithstanding the issue of the certificate of final assessment of tax if subsequently it is found that on account of-
(i) use of motor vehicles previously declared as not intended for use, or
(ii) registration of motor vehicles not specified in the final declaration, or
(iii) alterations to motor vehicles not specified in the final declaration, or
(iv) any other reason, an additional amount of tax is due from the fleet owner, the Taxation Authority shall issue notice to the fleet owner giving sufficient details for the additional claim and requiring him either-
(a) to pay the sum demanded in the notice; or
(b) to show cause to the satisfaction of the Taxation Authority why he is not liable to pay the same, within fifteen days from the date of receipt of such notice. If the fleet owner fails to pay the sum or to show cause to the satisfaction of the Taxation Authority, the Taxation authority shall issue notice of demand requiring the fleet owner to pay the sum within fifteen days from the date of receipt of such notice and fleet owner shall be liable to pay the additional amount of tax accordingly:
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Provided that while assessment the additional amount of tax due, the amount of refund of tax found to be due after the issue of the certificate of final assessment of tax on account of-
(i) non-use of motor vehicle previously declared as intended for use, or
(ii) not carrying out alternations to motor vehicles specified in the final declaration, or
(iii) any other reason, shall be taken into account and deducted from the additional claim, and if it is found that any refund of tax is due to the fleet owner, it shall be adjusted while recovering the amount of provisional tax for the next financial year.
(8) Every fleet owner shall maintain a record of his transport vehicles in use in Form “JT”.