Registration under TNVAT Act – New Procedure

The Tamilnadu Commercial Tax Department has issued a new Circular No 2/2014 prescribing the revised guideline and procedures to be adopted for Registration and Issue of Registration Certificate to dealers.

The salient features of this circular are as follows :-

1) Previously, application for new registration of a business in respect of six evasion prone commodities (viz., Electrical goods, Iron & Steel, Tiles & Marbles, Timber, Edible oil and Granite) were subject to enforcement Scrutiny and after completion of this scrutiny only registration formalities was completed by the respective jurisdictional officers. Now the pre-inspection of places of business in respect of all commodities have been made mandatory.

2) New Applicants shall be given acknowledgement slip on receipt of the application.

3) The documents shall be completely scrutinized for correctness and a date for the pre-inspection (within a week) shall be fixed.

4) The officer , at the time of pre-inspection , shall check the genuineness of the ownership of the building, suitability of the building for storing the goods, and also shall ensure the validity of various address & identity proofs provided by the applicant.

5) With regard to Security deposit, the existing procedure as per Rule 5 shall be followed.

The relevant circular is reproduced below :-

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TNVAT-Clarification Circular issued regarding Annexure V to Form I

The Government of Tamilnadu had amended the Form I by introducing Annexure – V in respect of ITC Claimed and carried forward. In view of the various representations received from various trade & industries, the Commissioner of Commercial Taxes has issued certain clarifications with regard to filing of Form I along with Form I.

The clarifications provided by the Circular No 12/2013 dtd 3/12/2013 are as follows :-

1) Annexure-V needs to be filed only in cases where Input Tax Credit (ITC) is carried forwarded.

2) Since the amendment is effective from 1st November 2013, Annexure V shall be filed only in respect of monthly returns for November 2013.  The return in respect of October 2013 need not be filed along with Annexure V

3) Where in some business concerns, many number of goods are being traded, it is not necessary to provide details of all the goods. Those goods shall be grouped code wise and the relevant particulars shall be provided.  Hence there will be only one value for one rate of tax.

4) Quantitative details of the stock need not be provided

5) In certain specific circumstances, ITC would be carried forward without proportionate stock of goods.In such cases, NIL Stock filed by the dealer should be accepted.

The relevant circular is reproduced below :-

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Important amendment to TNVAT Act regarding ITC Reversal

The Tamilnadu Government has made few important amendments in TNVAT Act with regard to reversal of Input Tax Credits in respect of Inter-state sales and Stock Transfers outside the State.

These amendments were carried out by enacting a Tamilnadu VAT (Fifth Amendment) Act, 2013 (Amendment Act) on 8th November 2013.

The effective date for these amendments is 11th November 2013.

The effect of these amendments are as follows :-

Sl. NoNature of TransactionPosition upto 11th Nov 2013Position w.e.f 11th Nov 2013
1Inter-state sales against C Form (Chargeable to tax @ 2% at present)No reversal of ITC RequiredInput Tax Credit allowed in excess of 3% of Tax
2Stock Transfers outside the state (ie) Transfer outside the state otherwise than by sales.ITC allowed in excess of 3%.ITC allowed in excess of 5% of tax.

The relevant Notifications are reproduced below :-

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How to check whether a TIN / CST Number is genuine ?

Many times business entities get Invoices and Forms (Form C, Form F, Form E-I, E-II) out of the state where their office is situated. As a business entity , during VAT / CST assessments , the onus is on the assesee to prove the genuinity of the Invoice/Forms and the Registration of the dealer from whom the goods are purchased. In such cases, if they want to check with regard to the genuineness of the TIN/CST Number , Forms such as “Form C” and “Form F” and the status of the same , the link provided below will help you to check the following :-

1) Search the TIN number (All India)

2) Search the CST Number (All India)

3) Verification of Forms (Form C, F, EI & E II)

Click here to check TIN/CST/Forms