In
exercise of the powers conferred by Section 24 of the Uttar Pradesh Trade Tax
Act, 1948 (U.P. Act No. XV of 1948) read with Section 21 of the Uttar Pradesh
General Clauses Act, 1904 (U.P. Act No. 1 of 1904) the Governor, with a view to
amending the Uttar Pradesh Trade Tax Rules, 1948, is pleased to make the
following Rules:- The
Governor, being satisfied that circumstances exist which render it necessary
for him to take immediate action, is further pleased under provision
Sub-section (3) of Section 24 of the said Act to make these rules without
previous publication. (1) These rules may be called the Uttar Pradesh Trade Tax
(first Amendment) Rales, 1997. (2) They shall come into force with effect from the date
of their publication in the Gazette. In
Rule 41 of the Uttar Pradesh Trade Tax Rules, 1948, for the existing Sub-rules
(1), (2), (3) below the following sub-rules shall be substituted, namely:- "(1) Every
dealer liable to tax, the aggregate of whose net turnover of purchases and
sales in any assessment year exceeds rupees ten lakh, shall before the expiry
of the next succeeding month, submit to the Trade Tax Officer, monthly return
of his turnover in Form IV, giving Annexure I and II thereof, detailed
information according to code numbers notified by the State Government from
time to time in respect of each category of goods in which he carries on
business: Provided
that the return for the month of February shall be submitted to the Trade Tax
Officer on or before the twentieth day of March: Provided
further that the dealer may, instead of submitting a return as aforesaid,
estimate his turnover for the years on the basis of the turnover admitted by
him in his return, or disclosed in his account books, whichever is greater, for
the immediately preceding year, calculate the amount of tax payable thereon and
deposit a sum equal to one-twelfth thereof during each of the first two months
of every quarter, and deposit the balance of tax due on the turnover admitted
by him in his return for the relevant quarter, which shall be prepared and
submitted in the manner laid down in this rule. (2) Every
dealer liable to pay tax under the Act, other than dealer referred to in
Sub-rule (1), shall submit to the Assessing Authority for the quarter ending
June 30, September 30, December 31, and March 31, within a month of the expiry,
of the quarter concerned, a return of his turnover in Form IV giving detailed
information in respect of such category of goods in which he carries on
business: Provided
that it shall not be necessary for such dealer to furnish in Annexure I and II
detailed information according to code numbers in respect of code numbers in
respect of goods in which business was carried on by him: Provided
further that a dealer whose total admitted tax liability during the assessment
year immediately preceding did not exceed ten thousand rupees or whose
estimated admitted tax liability during the assessment year is not likely to
exceed ten thousand rupee may, instead of submitting a return as aforesaid,
submit on annual return in the manner laid down in this sub-rule, within a
month of the expiry of the relevant assessment year. Explanation
I—Admitted tax liability means the tax which is payable under this Act on the
turnover or, as the case may be, the turnover of purchases or both, as
disclosed or in the accounts maintained by the dealer or admitted by him in any
return or proceeding under this Act, whichever greater, or, if no accounts are
maintained, then according to the estimates of the dealer. Explanation
II.— Estimated admitted tax liability means the tax payable under the Act by
the dealer on his estimated turnover or estimated turnover of purchases of the
assessment year or both, as the case may be. (3) Notwithstanding
anything contained in Sub-rule (1) or (2)— (a) a dealer to whom Sub-section (1) of Section 18
applies, shall submit such return for the quarter or month, as the case may be,
in which business is discontinued within fifteen days or the date of such
discontinuance. (b) a dealer to whom Sub-section (2) of Section 18
applies, shall submit such returns within a month of the expiry of each month
during the assessment year in which business is commenced.".UTTAR PRADESH TRADE TAX (FIRST
AMENDMENT) RULES, 1997
Rule 2. Amendment of Rule 41.