Information about importance of Profession Tax's Return and its penalty clause under Maharashtra Profession Tax Act

Dear All,

Please find below information related to relevant section under Maharashtra Professions Tax Act which states about mandatory Profession Tax Return under the Act and its penalty in case of failure to comply with same.

Section 6. Returns :-

(1) Every employer registered under this shall furnish to the prescribed authority a return in such form, for such periods and by such dates as may be prescribed showing therein the salaries and wages paid by him and the amount of tax deducted by him in respect thereof.

Provided that the Commissioner may, subject to such terms and conditions, if any, as may be prescribed, permit any employer to furnish a consolidated return relating to all or any of the places of business of such employer in the State, for such period or periods, to such authority , as he may direct.

(2) Every such return shall be accompanies by a treasury challan in proof of payment of full amount of tax due according to the return, and a return without such proof of payment shall not be deemed to have been duly filed.

(3) Where an employer has failed to file such return within the prescribed time, he shall pay, by way of a late fee, an amount of rupees one thousand before filing of the said return.  This amount shall be in addition to the amount payable, if any, as per the return.

Provided that, if the State Government is satisfied that it is necessary so to do in the public interest, it may from time to time, by notification published in the Official Gazette, exempt the whole or any part of the late fee payable under this sub-section, by such class or classes of employers, for such period or periods, either prospectively or retrospectively, as may be specified in such notification.

(4) Any employer liable to file return, having furnished a return,-

(a) discovers any omission or incorrect statement therein, may furnish, a revised return in respect of the period covered by the return, at any time before a notice for assessment is served on him in respect of the period covered by the said return or before the expiry of a period of six months from the end of the year to which such return relates, whoever is earlier;

(b) agrees with the findings contained in any intimation received by him as a result of,-

(i) audit under section 7A; or

(ii) inspection under section 18,

Then he may furnish a revised return as per the findings of audit or, as the case may be, inspection within thirty days from the date of receipt of such intimation.

Section 11. Returns and payment of tax by employers:-

(1) Every employee registered under the Act, shall pay the amount of tax due from him according to the return on or before the date prescribed for filing of such return.

(2) The return or, as the case may be, revised return shall be in form III. Such form shall be obtained from the prescribed authority. The registered employer shall furnish the same, duly filled in and signed by him or by a person authorised by him in this behalf, to

(i) the treasury while making payment of the tax, interest or penalty due as per the return; and

(ii) the prescribed authority in any other case.

2(A) The return or, as the case may be, revised return in electronic form shall be in form III-B and payment as per return shall be made by challan in MTR-6:

Provided that, such payment shall be made before uploading the said return on the website of Sales Tax Department.

(3) Every registered employer whose tax liability during the previous year or a part thereof---

(a) was less that Rs 50,000 shall furnish an annual return on or before the 31st March, of the year to which the return relates, Such return shall contain the details of the salaries and wages and the arrears, if any paid and the amount of tax deducted by him in respect of the twelve months comprising of the month of March of the immediately preceding year and the eleven months from April to February of the year to which the return relates and the arrears, in respect of wages and salaries, if any for any period prior to the said twelve months paid in such year;

(b) (Deleted)

(c) Was Rs 50,000 or more shall furnish a monthly return on or before the last date of the month to which the return relates. Such return shall contain the details of the salaries and wages and the arrears, if any, paid and the amount of tax deducted by him in respect of the month immediately preceding the month to which the return relates and the arrears, if any for any period preceding such month.

Illustration - An employer pays to his employees salary or wages for the month of April on a date during the same month or the succeeding month i.e. May. This payment shall be shown in the return for May to be furnished on or before the 31st May. But if the employer pays to his employee salary or wage for the month of April in June, he may account for the said salary or wage in the return for the month of June to be furnished on or before the 30th June. In other words, he shall account for the salary or wage in the return that he will furnish next after he makes payment of that salary or wage to the said employee.

Hope this small information will give insight about pertained subject.

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