6. Returns

(1) Every employer registered under this shall furnish to the prescribed authority ¹[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. ²[during the month immediately preceding that month.]

  ³[Provided that, the employer registered under sub-section (3A) of section 5 shall, after the commencement of his liability to pay tax, furnish to the prescribed authority, a return in such form, for such period and by such dates as may be prescribed.]

⁴[⁵[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.

 ⁶[(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 ⁷[rupees two hundred, in case he files the return within a period of thirty days after the expiry of the prescribed time for filing of such return and an amount of rupees one thousand, in any other case,] before filing of the said return.  This amount shall be in addition to the amount payable, if any, as per the return.]

 ⁸[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.]

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

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, whichever is earlier;

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.]

Notes:

1. These words were substituted for the words ‘within fifteen days of expiry of a month a return in the prescribed form” by Mah.Act No. 21 of 1976.

2. The words "during the month immediately preceding that month” were Deleted.

3. This proviso was inserted by Ordinance No. XIII of 2020 dated 22nd July 2020.

4. Proviso was substituted by Mah.Act No. 25 of 2007, w.e.f. 15.08.2007. Prior to its substitution it read as under:-

[Provided that the Commissioner may, subject to such terms and conditions, as may be prescribed, permit any employer to file separate returns,--

1. For all or any of the places of business of the employer, whether or not situated within the jurisdiction of the same registering authority,

2.  

3. for different constituents of his business, to such authority as he may direct.]

5. These words were substituted for the words  “Provided that”  by Ordinance No. XIII of 2020 date 22nd July 2020.

6. Sub-section (3) was substituted by Mah.Act No.8 of 2012. Prior to its substitution it read as under:-

(3) Where an employer has **[without reasonable came failed] to file such return within the required time, the price authority may after giving him a reasonable opportunity of being heard, impose upon him a penalty of rupees three hundred per return]

       ** These words were substituted for the words “wilfully failed”.

      *** These words were substituted for the words “penalty not exceeding rupees five for each day of delay” by Mah.Act No.20 of 2002.

7. These words were substituted for the words “rupees one thousand” by Mah. Act No. 14 of 2019 dated 9th July 2019 w.e.f. 6.3.2019.

8. Proviso inserted by Mah.Act No. 27 of 2014, w.e.f. 26.6.2014.

9. Sub-section (4) inserted by Mah.Act No. 8 of 2012 w.e.f. 1.5.2012.