Periodical Returns and Payment of Tax

1. (1) Every registered dealer shall furnish true, complete and correct ** return in such form for such period, by such dates and to such authority, as may be prescribed:

** Added by Jharkhand Act of 2007 w.e.f. 01.04.2006

Provided that the prescribed authority may, subject to such conditions and restrictions as may be prescribed, exempt any such dealer or class of dealers from furnishing such returns or permit any such dealer;

1. (a) to furnish them for such different periods; or
2. (b) to furnish a consolidated return relating to all or any of the places of

business of the dealer in the State of Jharkhand for the said period or for

such different periods and to such authority, as he may direct.

1. (2) If the prescribed authority has reason to believe that the turnover of sales or the turnover of purchases of any dealer is likely to exceed or has exceeded the specified quantum as specified. In sub-Section (5) of Section 8, he may, by notice served in the prescribed manner, require such dealer to furnish return as if he were a registered dealer to furnish return, but no tax shall be payable by him unless his gross turnover exceeds the specified quantum provided under sub-Section (5) of Section 8,
2. (3) If any dealer having furnished returns under sub Section (1) or sub-Section (2), discovers any omission or any other error In the return so filed, he may furnish a revised return before the expiry of three months, following the last date prescribed for furnishing the original return relating to the tax period.
3. (4) Every dealer required to file return under sub-Section (1) or sub-Section (2) shall pay the full amount of tax payable according to the return or the differential tax payable according to the revised return furnished, if any, into the Government Treasury or in such other manner as may be prescribed, and shall furnish along with the return or revised return, as the case may be, a receipt showing full payment of such amount.
4. (5) Every return under this Section shall be signed and verified-
   • (a) in case of an individual, by the individual himself, and where the individual is absent by some person duly authorised by him in this behalf;
   • (b) in the case of a Hindu Undivided family, by the Karta,
   • (c) in the case of a company or local authority, by the principal officer or Chief Executive Officer thereof;
   • (d) in the case of a firm, by any partner thereof not being a minor;
   • (e) in the case of any other association, by the person competent to act on behalf of the association.

Explanation :- For the purpose of this section, the post of “ Principal Officer ” shall

have the same meaning as that of section 2, part 35 of Income Tax Act 1961.

30. * Return and payment Defaults —

1. (1) If a dealer required to furnish return under sub-section (1) or sub-section (2) of Section 29; without any sufficient cause;
   • (a) fails to furnish any return by the prescribed date as required under sub- section (1) or sub-section (2) of Section 29; or
   • (b) being required to furnish revised return, fails to furnish the revised return by the date prescribed under sub-section (3) of Section 29; The prescribed authority shall, after giving such a dealer an opportunity of being heard in the manner prescribed, impose a penalty at the rate not exceeding rupees fifty for every day of such default for any month or any tax period, subject to a maximum of rupees twenty-five thousand in a year. Explanation-‘Return’ for the purpose of sub-section (1) shall mean and include the Monthly Abstract, Return for any tax period, Revised Return(s) as well as the Annual Return.
2. (2) If a dealer fails without sufficient cause to pay the amount of tax due, as prescribed, such dealer shall be liable to pay interest in respect of the tax payable by him for the period at the rate of 2% per month from the date the tax payable has become due to the date of its actual payment. Explanation I – ‘Tax due’ for the purpose of sub section( 2) of this section shall include the amount claimed as adjustment towards Input Tax Credit but not supported by the evidence as prescribed. Explanation II- ‘Month’ for the purpose of sub-section (2) of this section, shall mean thirty days and the interest and penalty payable in respect of a period of less than one month shall be computed proportionately.
   • • Substituted vide Notification No. LG 165/Leg. dated 04.11.2015)
3. (3) If a registered dealer, without sufficient cause, fails to pay the amount of tax due and interest along with return or revised return in accordance with the provisions of sub- Section (1), the prescribed authority may, after giving the dealer reasonable opportunity of being heard, direct him to pay in addition to the tax and the interest payable by him a penalty, at the rate of 2% per month on the tax and interest so payable from the date it has become due to the date of its payment or to the date of order of assessment, whichever is earlier.
4. (4) If a registered dealer or any other dealer required to furnish return under sub-section
5. (1) and sub-section (2) of Section 29; without any sufficient cause;
   • (a) fails to comply with the requirements of the notice issued under sub-

section (1) or * sub-Section (2) of Section 29; or

1. (b) fails to furnish any return by the prescribed date as required under sub- Section (2) of Section 29; or
2. (c) being required to furnish revised return, fails to furnish the revised return by the date prescribed under sub-Section (3) of Section 29;
3. (d) the prescribed authority shall, after giving such a dealer an opportunity of being heard in the manner prescribed, impose a penalty at the rate not exceeding rupees fifty * for every day of such default for any month or any tax period, subject to a maximum of rupees twenty* five-thousand in a year. Explanation – Return for this purpose shall mean and include the Monthly Abstract, Return for any tax period, Revised Return(s) as well as the Annual Return. (* Substituted vide Not. No. LG 7/ leg. dated 13.02.2014)

1. (5) Any penalty imposed under this Section shall be without prejudice to any prosecution for any offence under this Act.
2. (6) For the purposes of this Act, any return signed by a person who is not authorised under sub-Section (5) of Section 29 shall be treated as if no return has been filed.