UPTEGLA Rules 5

Section 5 · Reversal of levy of tax

(1)

In case of the transaction within the State, any dealer who claims reversal of levy of tax under clauses (a),(c) and (e) of sub-section (1) of section 5 shall obtain a certificate in Form-D from the purchasing or consignee dealer and submit the original thereof to the assessing authority within three months after the end of period to which the certificate relates:Provided that if the assessing authority is satisfied that the dealer concerned was prevented by sufficient cause from furnishing such certificate within the aforesaid time, he may allow such certificate to be furnished within such further time, not later than the time prescribed or permitted for filing annual return.

(2)

For the purpose of sub-rule (1), the provisions of sub-rule(2) to sub-rule (16) of rule 56 of the Uttar Pradesh Value Added Tax Rules, 2008, shall mutatis-mutandis apply.

(3)

A single Form prescribed under sub-rule(1) shall cover the transactions made during the financial year subject to maximum monetary limit of rupees five lakhs, but this monetary limit shall not apply for the following types of dealers:-

(a)

a department of the Central Government or the State Government or a Corporation or Undertaking established or constituted by or under a Central Act or an Uttar Pradesh Act or a Government Company as defined in section 617 of the Companies Act, 1956, having an yearly turnover of rupees five crores or more, or

(b)

dealer having an yearly turnover of rupees twenty five crores or more.

(4)

In case of inter-State trade and commerce or export out of the territory of India, any dealer who claims the reversal of tax under clauses (a), (b), (d) and (e) of sub-section (1) of section 5, the declaration or certificate submitted under sub-rule (1),(5), (10), (11) and (11A) of rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, as the case may be, to the assessing authority, shall be the sufficient proof of the reversal of tax.

(5)

For the purpose of the reversal of tax levy, the provisions of rule 50 of the Uttar Pradesh Value Added Tax Rules, 2008, shall mutatis-mutandis apply.

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