40. Tax Deduction At Source.

(1) (a) Every employer who is required to deduct tax under clause (b) of sub-section (1) of section 31 shall within 21 days from the expiry of the month during which tax is so required to be deducted, remit the full amount of such tax due and deductible[in challan in Form 210 into the Government Treasury irrespective of the actual amount of tax deducted by him, from such dealer

(b) The employer required to remit tax, shall furnish a certificate in Form 402 in respect of the amount so remitted immediately after the deduction is made, to the dealer in respect of whom such deduction is made.

(c) .......deleted

(d) Any employer issuing a certificate as required by clause (b) shall maintain for each year a separate account in Form 404 showing the amount of tax deducted, certificate of tax deduction issued, and the particulars of remittances made to the Government treasury and shall file a return in Form 405 with the Joint Commissioner of Sales Tax (Returns), in Mumbai or as the case may be the Joint Commissioner of Sales Tax (VAT Administration) in the rest of the State in whose jurisdiction the place of business of the employer is situated within twenty one days from the end of the month in which tax is so remitted as provided in clause (a).

(e) The principal contractor, desiring to transfer the credit to the sub-contractor, as provided in clause (ii) of sub-section (4) of section 31, shall file a return in Form 424A electronically on the website. After filing of such return, the principal contractor shall issue a certificate in Form 402A to the sub-contractor for transferring such credit. Such principal contractor shall maintain a separate account in Form 404 A, for each year, containing details of credit, so transferred..

(2)(a) The application for the purpose of sub-clause (ii) of clause (b) of sub-section (1) of section 31 shall be made in Form 410 to the registering authority having jurisdiction over the dealer.
(b) The application shall be accompanied by copies of the contract and other documents on the basis of which the claim is made.

(c) If the particulars and documents furnished by the dealer are correct and complete in all respects and after making such enquiry as may be deemed necessary, the Commissioner is satisfied that the contract under reference is not a works contract which involves transfer of property in goods (whether as goods or in some other form), he may, after giving the applicant a reasonable opportunity of being heard, grant such certificate
in Form 411. A copy of such certificate shall be sent to the employer for whom the work is executed;