Works contract (tnvat)

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Dhinesh (Querist)
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21 November 2012 As I am a registered dealer in TNVAT act 2006, with effect from 11th August 2011, and i am dealing in construction works (Government), i got a works contract amounting to Rs. 1 crore in December 2011 and completed the work in the month of March 2012 and got my payment, not received TDS certificates from the Government side and also not in the possession of the invoice copies of the materials used for the construction of the building. Now in November 2012 another government department works came and they asking me, the Sales tax return filed copy ? As i am unaware of filing the sales tax monthly return. Now how can i file for the past months ? Inorder to get the new department work.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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23 November 2012 Mr Dhinesh,
I feel in your case an offence has been already committed. Try to get the TDS certificates from the govt office and declare the receipts as you received payments in the respective months,along with interest of 1.25%/pm on the tax due and a penalty of Rs500/- for each month.For the months with no receipts nil return may be filed. Try to do it on line or manually and make payments of tax also.You have to paytax at regular rate of goods,if not opted for composition.under composition scheme you may not be called up declare the purchases. Hereafter maintain proper accounting ,returns and documents.An acknowledgment can be obtained from the department for your use....MJK

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Dhinesh

Dhinesh (Querist)
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24 November 2012 First of all i convey my thanks for your prompt reply.

Yesterday I got my TDS certificate from the Government Department, inwhich tax has been deducted at 2% and also i searched for the invoices i got 50% of my material invoices.

Is any posibility to e-file monthly return for the past months. which form, i should use to file my monthly returns for the works contract.I prepared to pay tax !!!. Is any adjustment can be made against my 2% TDS before making my Tax payments.

kindly advice me in this regards.

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MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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24 November 2012 Mr Dhinesh,
You may try to upload all the returns uptodate on-line. But,you have to obtain Username and password required to open the website,for filing of returns ,from the department by sending an application on plain paper. There will be columns to enter the TDS and claim deduction from output/composition tax.For the missing invoices you may try to get duplicate invoices as far as possible.In the returns you can show interest and penalty payable.If you further face some problems consult a sales tax practitioner.Balance amount after deducting TDS and input tax along with interest and penalty may be paid......MJK

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Dhinesh

Dhinesh (Querist)
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24 November 2012 I contacted the commercial tax department and got my user id and password, whether i have to file the return in form I or form L, i wish to file my returns under composite scheme u/s 6 of TNVAT, (works contracts - building construction, normal levy of tax is 2%) I have already deducted with TDS at 2% for the entire contract value.

Shall i file in the Form - L for the past 12 months ?

kindly advise me sir.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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24 November 2012 Filing of returns under Sec 6(composition scheme) has to be done in Form L,but for this you should have applied for permission to pay tax under Sec6 at the time of registration or after the first return.If that is not done you may have to file returns in Form I only. However you may try to file the returns in form L now online. If the system accepts it is fine.Otherwise,file it in form I..MJK