TMI BlogKVAT Act 2003- Works Contracts-Assessments reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... erever done in such cases turn over exemption is granted and assessments are completed by accepting the return figures without any corroborative evidence to establish exemptions. The officers are not sending pre assessment notices therefore the dealers are not filing statutory forms, the cases are going time bar and such things have been going on. This could have resulted in huge revenue losses to the State exchequer. Another thing noticed is that the scrutiny and assessment are pending and many cases are now time barred. As CST is implemented, it is important that all pending VAT assessment especially in Works Contracts should be completed in time bound manner to ensure that no case becomes time bar and tax due is collected in time. In order to streamline the works the following instructions shall be meticulously followed - A. Strategy 1. Completion of scrutiny and assessment of various years 2. Passing of modified orders on the basis of Appellate orders 3. Fresh disposal of remanded cases 4. Disposal of LAR cases B. Action Plan a. Updation of Assessment files b. Submission of the following statutory forms/ certificates i. Form No 20 H in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollow up action has to be properly entered in it. 13. The completed assessment orders to be passed and served in time. The notices and orders to be uploaded in Peer review module. 14. Dy. Commissioners shall assess and monitor submission of all statutory documents by the dealers in time. They shall report the same every week. 15. All supervisory officers shall give approval of the draft notices and orders only after thorough verification of the details. 16. All supervisory officers shall verify completed assessments cases exemption given based on the filing of statutory documents, tax rates and application. SCRUTINY OF COMPOUNDED DEALERS IN WORKS CONTRACT Sl.No. Nature of Defect Result of Verification Source of Verification I Eligibility for Compounding: 1. Whether compounding application filed Yes/No KVATIS Dealer Information (If no proceed to scrutiny of non-compounded dealers) Online applications Year Compounding application. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the dealer Parcel transactions Period. 3. KVATIS Returns Select Return of the dealer Form 8FA Period. II. Rate of Tax: 1. Type of Awarder (a) Govt of Kerala, LSGD and KWA. 1. Awarder details declared in Returns. (b) Other Awarders 2. Awarder details declared in Audit Report. 3. Awarder details as per Agreement and schedule filed. 2. Whether dealer is having CST/import of goods for incorporation in works contract. Yes/No CST detail: 1. KVATIS Returns Select return of the dealer Dealer details CST details. (Relying on CST data in return may not be correct since it shows the current position of CST of a dealer and does not reflect previous CST data of a dealer.) Import Details: 1. KVATIS Returns Select Return of the dealer Check post transactions Consignee year. 2. KVATIS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. KVATIS Returns Select Return of the dealer Parcel transactions Period. 3. KVATIS Return Select Return of the dealer Form 8FA Period. IV Claim of Exemption: 1. Whether exemption claimed Yes/No 1. Part B of Return. 2. Form 13A Works Contract Contract Exempted. 2. Whether proof of exemption for land value claim filed. Yes/No 1. Part B of Return. 2. Copy of registered land deed. 3. Whether proof of exemption for labour contract filed. Yes/No 1. Return. 2. Copy of labour contract agreement. 3. Copy of Service tax return. 4. Whether proof of exemption for sub contract filed Yes/No 1. Form 20 H countersigned by Assessing Authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sl.No. Nature of Defect Result of Verification Source of Verification 1. Status of dealer (a) Works of Govt of Kerala, LSGD and KWA. 1. Nature of work declared in Part A of Returns. (b) Works of Other Awarders. 2. Nature Of work declared in Audit Report. (c) Builder 3. Nature of work as per Agreement and schedule filed. 2. Whether compounding application filed Yes /No KVATIS Dealer Information (If no proceed to scrutiny of compounded dealers) Online applications Year Compounding application. 3. Whether sale of goods Yes /No 1. Nature Of work declared in Part A of Returns. (sales proceed as per rule 10) 2. Nature of work declared in Audit Report. 3. Nature of work as per Agreement and schedule filed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Exemption claimed as per Rule 10 (2) (b). Yes/No 1. Part B of Return. 2. Form 13A Works Contract Contract Exempted. 3. Statement showing computation of turnover as per Rule 10 (2) (b). 6. Proportion of Declared goods in taxable turnover. 1. Returns Part E Turnover of declared goods. 2. Purchase value of declared goods as per Profit and Loss Account. 3. Returns Invoice verification Purchases Build from others 4. Value of declared goods incorporated as per Statement showing computation of turnover as per Rule 10 (2) (b). 7. Whether taxable turnover declared is less than cost of goods incorporated. Yes/No 1. Taxable turnover as per Part B of return. 2. Cost of goods incorporated as per Rule 10 (2) (b). 8. Form 49 by builders Yes/No 1. Verify the details with receipts in Par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umn. 2. Proof for TDS claim filed. Yes/No 1. Form 20 F. VI. IPT Claim verification 1. Whether IPT credit claimed is correct. Yes/No 1. Returns IPT as per Part E. 2. Returns Invoice verification IPT comparison. 3. Returns Invoice verification Purchases Build from others IPT total. 2. Whether IPT claimed on purchases effected for compounded works. Yes/No 1. Verify whether contractor is having compounded and non-compounded works. 2. Returns Part E Purchases. 3. Purchases - work wise analysis. All Dy. Commissioner shall ensure the follow up and regular reporting. The reporting format will be separately sent. All respective nodal officers shall monitor at the circle the action taken and facilitate further. From Head Quarter a special team shall do continuous monitoring of the follow up actions. The circular has stipulated broad strategy, m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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