1 [“(1) The input tax credit shall be allowed on the basis of original VAT invoice and where such invoice has been lost or destroyed, on the basis of duplicate copy thereof issued to him in accordance with sub-rule (4) of rule 38.
However, claim of input tax credit of the additional tax deposited may be allowed on the basis of VAT invoice which has been issued subsequently in compliance of the decision of any competent court or authority, showing the tax at higher rate. The extent of input tax credit available to a registered dealer shall be equal to the amount of tax paid on purchases in the State as evident from the VAT invoice, subject to the following conditions:- 1 Subs. by Rajasthan Value Added (Amendment) Rules, 2014 (S.No. 3132) w.e.f. 14.07.2014 13
(i) that such dealer has maintained a true and correct separate account of his purchases against VAT invoices in Form VAT-07 and submits the summary thereof in Form VAT-07A, along with the return prescribed in rule 19.
(ii) that such dealer has maintained a true and correct separate account of his sales in Form VAT-08 and submits summary thereof in Form VAT-08 A, along with the return prescribed in rule 19.
(iii) that the amount of input tax credit for a tax period shall not be more than the amount verified in the manner notified under sub-section (2) of section 18 of the Act.
Note: In Form VAT-07, VAT-07A, VAT-08 and VAT-08A, the VAT invoices shall be entered in the quarter in which the date of invoice falls, even if the receipt of goods is spread over to different quarters in a year or years.”] 1 [“(2) Input tax credit in respect of purchase of capital goods on VAT invoice shall be allowed in the above manner and shall be carried forward till the first sale of the goods manufactured from such capital goods.”] " 2 [(3) xxx
(4) xxx
(5) xxx"]
(6) The input tax credit under this rule shall be available on the basis of books of accounts and records of the dealer. Where, the amount of input tax credit is not determinable from the books of accounts of the dealer, the amount of input tax credit shall be allowed proportionately to the extent for the purposes specified in sub-section (1) of section 18 of the Act.
3 [“(6A) Where a dealer is required to deposit tax on all kinds of stone in all their forms, whether used as building material or otherwise, including Kota stone, marble and granite, at the check posts, such dealer, may by affixing a seal to this effect, shall mention on his VAT invoice, the total input tax credit available to him from the commencement of the year upto issuance of such invoice, the input tax credit he claimed, the balance of input tax credit available to him, and the amount of tax payable and deposited on the basis of VAT invoice. The dealer shall also authenticate such information on the VAT invoice itself. On receipt of such authenticated VAT invoice, the officer incharge of the check post shall collect the tax payable as per such VAT invoice. The dealers availing this facility shall submit monthly statement of his purchases along with available input tax credit in Form VAT-07 and output tax in Form VAT-08 within seven days of the close of the month, to the assessing authority.”] 4 [“(7) Where the turnover of a dealer who has opted to pay tax under sub-section (2) of section 3, exceeds the limit of the said sub-section or he opts out of the said sub-section or his liability accrues under clause (a) or (b) of sub-section (1) or under sub-section (5) of section 3, no input tax credit shall be allowed on the goods in stock on the date of occurrence of such event.”] 5 [“(7A) Where a registered dealer having goods in stock which had not suffered tax at full rate, intends to exercise option to pay tax under sub-section (2) of section 3, he shall deposit tax on such stock at the rates applicable at the time of exercising the option, and proof of tax so deposited shall be submitted along with his application for exercising such 1 Subs. by Rajasthan Value Added (Amendment) Rules, 2011 (S.No. 2746) w.e.f. 01.04.2011 2 Deleted by Rajasthan Value Added Tax (Amendment) Rules, 2011 dated 09.03.2011.
3 Ins. by Rajasthan Value Added Tax (Amendment) Rules, 2006 dated 09.06.2006.
4 Subs. by Rajasthan Value Added (Amendment) Rules, 2011 (S.No. 2746) w.e.f. 01.04.2011 5 Subs. by Rajasthan Value Added Tax (Amendment) Rules, 2006 w.e.f. 09.06.2006.
14 option.”
(8) A registered dealer who opts to pay tax under sub-section (2) of section 3, the credit of input tax availed by him on the goods in stock shall be reversed.
(9) The dealer opting for payment of tax under sub-section (2) of section 3 or section 5, shall not be entitled to claim input tax credit in respect of the goods in stock on the date of exercise of such option.
(10) In case a dealer opts to pay tax in accordance with subsection (7) of section 4, the following procedure shall be adopted.
(i) A registered dealer who opts to pay tax at the full rate on the maximum retail price of the notified goods under sub-section (7) of section 4, shall submit an application 1 [“in Form VAT- 06D electronically through the official web-site of the Department in the manner provided therein”] to his assessing authority or officer authorized by the Commissioner, 2 [“within sixty days of commencement of this Act or within thirty days of start of his business, whichever is later.”] For subsequent years, such application shall be submitted within thirty days of the commencement of the financial year. The opting dealer shall charge tax on the maximum retail price if it is exclusive of tax and in case the maximum retail price is inclusive of tax, the dealer shall charge tax on the price as calculated hereunder.
Price = (Maximum Retail Price x 100)/ (100 +Rate of tax) The amount of tax so charged shall be the output tax of such dealer.
(ii) Where a registered dealer purchases any goods from the dealer covered under sub-rule (1), sale of such goods made by him shall not be included for determining his turnover of sales as defined in clause (41) of section 2. Such dealer shall maintain a separate account of such goods, tax paid and reimbursement of tax so paid, and shall submit the details thereof, along with his returns to his assessing authority or authorized officer. He shall also indicate separately in his sale invoice, the amount of reimbursement of tax paid by him at the time of purchase.
(iii) Where a registered dealer purchases any goods, as notified by the State government under sub-section (7) of section 4, from a registered dealer, other than the dealers specified in sub-rule (1), sale of such goods made by him shall not be included for determining his turnover of sales as referred to in clause (41) of section 2. Such dealer shall maintain a separate account of such goods, tax paid and reimbursement of tax so paid, and shall submit the details thereof, along with his returns to his assessing authority or authorized officer. He shall also indicate separately in his sale invoice, the amount of reimbursement of tax paid by him at the time of purchase.
(11) The input tax credit under section 19 of the Act, for stock on the date of commencement of the Act shall be available only after the quarter ending on 30th June, 2006, and the eligible dealer shall be entitled to claim such credit in six equal monthly installments starting from July 1, 2006, provided that such dealer has submitted the information required under sub-section (2) of section 93 of the Rajasthan Sales Tax Act, 1994, within the time specified in the notification.
3 ["However, in case a dealer has availed such input tax credit even before the above specified period, such input tax credit would be reversed unless the dealer deposits interest for the period of earlier availment of such input tax credit up to March 31, 2008."] 1 Subs. by Rajasthan Value Added (Amendment) Rules, 2014 (S.No. 3132 dt. 14.07.2014) w.e.f. 14.07.2014 2 Subs. by Rajasthan Value Added (Amendment) Rules, 2006 w.e.f. 05.05.2006 3 Added by Rajasthan Value Added (Amendment) Rules, 2008 w.e.f. 25.02.2008 15 1 [19. Returns.- (1) The return referred to in sub-section (1) of section 21 of the Act shall be submitted by a dealer in Form VAT–10, VAT–10A and VAT–11, as the case may be.]
2 [(2) Every dealer shall submit return electronically through the official website of the department, unless otherwise notified by the Commissioner. The return shall be digitally signed by the dealer or his business manager. However, where the dealer has given his consent to use the official website for submitting return in the prescribed manner, he may submit return without digital signature. However, for the period prior to 01.04.2014, if the dealer has failed to furnish the signed copy of acknowledgement generated through the official website of the department, within the time prescribed under the rules which were in force at that time, the date of submission of signed copy of said acknowledgement shall be deemed to be the date of the filing of the return.]
3 [(3) Where the amount of tax, interest or late fee, if any, is not paid electronically, the dealer shall furnish the copy of e-challan, receipt in Form VAT-38 or certificate of tax deduction at source, as a proof of deposit, to the assessing authority or the officer authorized by the Commissioner, when demanded by such authority or the officer.]
(4) Return in Form VAT-11 shall be submitted, within ninety days of the end of the relevant year, by the following class of dealers other than those registered under the Rajasthan Tax on Entry of Goods into Local Area Act, 1999 (Act No.13 of 1999) and/or the Rajasthan Tax on Luxuries (in Hotels and Lodging Houses) Act, 1990 (Act No. 9 of 1996),-
(a) who has opted for payment of tax under sub-section (2) of section 3; or
(b) who are exclusively engaged in the sale and purchase of exempted goods; or
(c) who are exclusively engaged in the sale of goods which are taxable at maximum retail price under sub-section (7) of section 4 and such goods have suffered tax at maximum retail price at earlier occasion under the said sub-section; or
(d) who are exclusively engaged in the sale of goods which are taxable at first point in the series of sales and such goods have suffered tax at the said first point; or
(e) who are exclusively engaged in the sale of such goods for which payment of tax in lump sum under section 5 may be made and the dealer has opted to pay tax in lump sum; or
(f) who are exclusively engaged in the sale of such goods which are exempted from payment of tax under any notification issued under sub-section (3) of section 8 on the condition of payment of exemption fee and the dealer has opted for payment of exemption fee; or
(g) as may be notified by the Commissioner.
Notwithstanding anything contained in clause (f) above, a contractor covered under the said clause shall submit VAT-11, where any incidental sale has been made of leftover taxable goods related to the contract for which an option has been exercised by him. He shall also submit statement of sale of such leftover goods in Form VAT-08A for the quarter in which such sales have been made by him, within sixty days of the end of the relevant quarter:
4 [“Provided further that the return in Form VAT-11 for the period ending on
30.06.2017 shall be submitted upto 30.09.2017 by the dealers other than those engaged in sale or purchase of goods included in Entry Number 54 of the State List of Seventh Schedule to the Constitution.”;]
1 Subs. by Rajasthan Value Added (Amendment) Rules, 2011 (S.No. 2746) w.e.f. 01.04.2011 2 Subs. by Rajasthan Value Added (Amendment) Rules, 2014 (S.No. 3132 dt. 14.07.2014) w.e.f. 14.07.2014 3 Subs. by Rajasthan Value Added (Amendment) Rules, 2014 (S.No. 3236) w.e.f. 01.10.2014 4 Ins. by Notification of F.12(79)FD/Tax/2014-pt-III-36 dated 29.06.2017.
16 1 [“Provided that in case of dealer who is required to get his accounts audited under section 44AB of the Income Tax Act, 1961 (Central Act No. 43 of 1961), may submit return within nine months from the end of the relevant year.”] ; and 2 [(5) Return in Form VAT-10 shall be submitted by all dealers other than those enumerated in sub-rule (4) above, along with statement of purchases in Form VAT-07A and statement of sales in Form VAT- 08A,-
(a) within sixty days of the end of the quarter by the dealers who have deposited less than Rs. 50,000/- as tax under the Rajasthan Value Added Tax Act, 2003, including the Central Sales Tax Act, 1956, during the previous year;
(b) within forty five days of the end of the quarter by the dealers other than enumerated in clause (a) above:"] 3 [“Provided that the return in Form VAT-10 for the period ending on 30.06.2017 shall be submitted upto 30.09.2017 by the dealers other than those engaged in sale or purchase of goods included in Entry Number 54 of the State List of Seventh Schedule to the Constitution.”];
(6) Annual Return in Form VAT–10A shall be submitted by all dealers covered under sub-rule (5) within “nine months” from the end of the relevant year :
4 [“Provided that the return in Form VAT-10A for the period ending on 30.06.2017 shall be submitted upto 31.03.2018 by the dealers other than those engaged in sale or purchase of goods included in Entry Number 54 of the State List of Seventh Schedule to the Constitution.”];
(7) Where a dealer has more than one place of business, he shall include in the return, the turnover of the principal place of business as well as the turnover of all other places of business.
(8) Where a dealer discovers any omission or error in Form VAT-10 or Form VAT-10A or Form VAT-11 furnished by him, he may revise such return and furnish the revised return “within fifteen days from the last date of submission of annual return” but dealer cannot revise return after issue of any notice under section 25 or section 27, as the case may be, whichever is earlier. However, where any notice under sub-section (1) of section 24 has been issued, the dealer may furnish revised return in pursuance of the notice within such time as has been provided in the said notice:
Provided that for the year 2015-16 the dealer may furnish the revised return in Form VAT-11 upto 15.04.2017.
(9) Notwithstanding anything contained in sub-rule (1) to (7) above, the return(s) for the period prior to “01.04.2014” may be submitted in such manner and in such form which was in force for that period.”
(10) No return shall be entertained where the dealer has.-
(i) not furnished the return(s) for the previous quarter(s) or year(s), as the case may be; or
(ii) failed to deposit due tax late fee and interest, if any, before furnishing the return(s).
(11) Where a dealer who had opted for, payment of tax in accordance with the provisions of sub-section (2) of section 3 or payment of lump sum in lieu of tax in accordance with section 5, and opted out from the said option before the end of a year, 1 Subs. by Rajasthan Value Added (Amendment) Rules, 2016 (S.No. 3542) w.e.f. 01.04.2016 2 Subs. by Rajasthan Value Added (Amendment) Rules, 2012 (S.No. 2885) w.e.f. 01.04.2012 3 Ins. by Notification of F.12(79)FD/Tax/2014-pt-III-36 dated 29.06.2017.
4 Ins. by Notification of F.12(79)FD/Tax/2014-pt-III-36 dated 29.06.2017.
17 such dealer shall submit the details of turnover from the beginning of year upto the date of opting out, in the return in Form VAT-10 pertaining to the quarter in which he opted out and shall not be required to submit returns for the previous quarter(s) of that year.
1 [“19A. Late fee.-Where a dealer furnishes the return after the prescribed time, he shall pay a late fee per day,-
(i) rupees twenty subject to a maximum of rupees one thousand, if there is no turnover or no taxable turnover of the dealer during the period under return; and
(ii) 0.05% of the net tax payable for the period under return, subject to a minimum of rupees 50 per day and a maximum of rupees 500 per day, however, the amount of total late fee shall not exceed 10% of net tax payable for the period under return, subject to a maximum of rupees twenty five thousand, in all other cases.”]