Mvat - revised return & revised j1 & j2

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 February 2018 Dear Experts,

Maharashtra vat department send me assessment notice for fy-11-12, we are revised vat return for the period of 01/04/2011 to 30/09/2011 then after we have not revised mvat return upto 30/09/2015. In fy 2011-12 we have sold material against H form but we have not received H form yet. now we are ready to pay tax liabilities against H form sale as per m vat schedule. please tell me now can we revised m vat return FY-11-12 to FY-15-16.

In FY-15-16 we have not filed mvat & cst return for the period of 01/09/2015 to 31/03/2016 so please tell me late fees & we have sold grapes & amount is above 2cr so can we show gross turn over including grapes sales if grapes sales is exempt under m vat then where we will show this amount in vat return. We have OMS sales Grapes .

Thanks & Regards

Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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09 July 2024 Based on your query regarding Maharashtra VAT returns and assessments, here are the considerations and steps you can take:

### 1. Revised MVAT Return for FY 2011-12 to FY 2015-16:

- **FY 2011-12 to FY 2015-16:** If you need to revise MVAT returns for these financial years, you typically have a limited window to do so, usually within one year from the end of the financial year. Since you haven't revised MVAT returns from FY 2011-12 onwards, the specific process and timeline can vary based on current regulations and specific circumstances. Generally, the ability to revise returns after a long period may be restricted, but it's essential to consult with a tax professional or directly with the Maharashtra VAT department for guidance.

### 2. Late Fees and Penalties for Non-Filing:

- **FY 2015-16:** Since you have not filed MVAT and CST returns for the period of 01/09/2015 to 31/03/2016, late filing fees and penalties may apply. The exact amount of late fees and penalties would depend on the duration of the delay and the turnover involved. It's advisable to file these returns as soon as possible to minimize further penalties and interest.

### 3. Treatment of Exempt Sales (Grapes Sales):

- **Exempt Sales:** If grapes sales are exempt under MVAT, you typically need to exclude these sales from your taxable turnover. Here’s how you can handle it in your VAT return:
- **OMS Sales (Out of Maharashtra State Sales):** If grapes were sold out of Maharashtra and are exempt under MVAT, you would typically report these sales separately in the relevant section of the VAT return form. Ensure you correctly indicate these as exempt sales to avoid any misreporting.

### Steps to Take:

1. **Consult with a Tax Professional:** Given the complexity and potential penalties involved, it's advisable to consult with a tax advisor or CA who specializes in Maharashtra VAT to get personalized guidance.

2. **Contact Maharashtra VAT Department:** Reach out to the Maharashtra VAT department directly to inquire about the possibility of revising MVAT returns for past years and understand the penalties for non-filing.

3. **Prepare and File Revised Returns:** If possible, prepare and file the revised MVAT returns for FY 2011-12 onwards as per the current guidelines provided by the Maharashtra VAT department.

4. **Compliance for FY 2015-16:** Immediately file the overdue MVAT and CST returns for FY 2015-16 to avoid further penalties.

Addressing these issues promptly and accurately will help in resolving the assessment notice and ensuring compliance with Maharashtra VAT regulations.