Filing of revised return as advised by the Auditor in Audit Report

8th floor, Vikrikar Bhavan,
Mazgaon, Mumbai-400010.
TRADE CIRCULAR
To
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No.VAT/MMB-1006/152/Adm-6 Mumbai, Dt.21.03.2009
Trade Cir. No. 9 T of 2009
Sub: Filing of revised return as advised by the Auditor in
Audit Report.
Ref: Trade circular No. 26T of 2006 dated 18.9.2006.
Gentlemen/Sir/Madam,
Certain queries have been received from the trade and
associations, as also from departmental authorities in connection with
the filing of the revised returns as advised by the auditor. The specific
query relates to, discrepancies noticed in more than one return. In
such circumstances, whether all such returns are to be revised or the
return for the period ending on 31st March of the respective year is to be
revised. The issue was under consideration.
2. Attention is invited towards the Trade circular cited above. In
para 15 of the said circular, it is stated that in such circumstances the
return for the period ending on 31st March of the respective year should
be revised to give effect to the observations of the auditor. However,
there may be cases where the effect of auditor’s observation can not be
given effect to by filing revised return electronically only for the period
ending on 31st March of that year. In view of this the instructions are
modified as under:
1) Where a revised return is to be filed to give effect to the
observations of the auditor the dealer may revise the return for
the period ending on 31st March of the year to which audit
report relates.
2) However, if it is not possible to give effect to all the observations
of the auditor by filing revised return for the period ending on
31st March of the respective year, then the dealers should revise
the returns for the respective periods for which discrepancies
have been pointed out by the auditor. Needless to state that all
such revised returns shall be filed electronically. It is again
emphasized that in no case any revised return shall be filed
manually.
3. This circular cannot be made use of for legal interpretation of
provisions of law as it is clarificatory in nature. If any member of the
trade has any doubt, he may refer the matter to this office for further
clarification.
4. You are requested to bring the contents of this circular to the
notice of the members of your association.
Yours faithfully,
(SANJAY BHATIA)
Commissioner of Sales Tax,
Maharashtra State, Mumbai.
No.VAT/MMB-1006/152/Adm-6 Mumbai, Dt.21.03.2009
Trade Cir. No. 9 T of 2009
1. Copy forwarded To :
a. All the Addl. Commissioners of Sales Tax in the State.
b All the Joint Commissioners of Sales Tax in the State.
(Jt. Commissioner of Sales Tax (MAHAVIKAS) with a request to upload
this Trade Circular to Departments website.)
c. All the Sr. Dy. Commissioners of Sales Tax in the State.
d. All the Dy. Commissioners of Sales Tax in the State.
e. All the Asstt. Commissioners of Sales Tax in the State.
f. All the Sales Tax Officers in the State.
2. Copy forwarded with compliments for information to:
a. The Officer on Special Duty, Finance Department, Mantralaya, Mumbai.
b. The Under Secretary, Finance Department, Mantralaya, Mumbai.
c. The Accounts Officer, Sales Tax Revenue Audit, Mumbai and Nagpur.
3. Copy to all the Desks and Desk Officers in the office of the Commissioner
of Sales Tax, Maharashtra State, Mumbai.
(G.B.Indurkar)
Joint Commissioner of Sales Tax,
(HQ)1 Maharashtra State, Mumbai.