FINANCE DEPARTMENT
Madam Cama Road, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400
032, Dated 1st June, 2012
NOTIFICATION
MAHARASHTRA VALUE ADDED TAX ACT, 2002.
No.VAT-1512/CR-61/Taxation-1. -
Whereas the Government of Maharashtra is satisfied that circumstances exist
which render it necessary to take immediate action further to amend the
Maharashtra Value Added Tax Rules, 2005 and to dispense with the condition of
previous publication thereof under the proviso to sub-section (4) of section 83
of the Maharashtra Value Added Tax Act, 2002 (Mah. IX
of 2005),
Now, therefore, in
exercise of the powers conferred by sub-sections (1) and (2) read with the
proviso to sub-section (4) of section 83 of the said Act, and of all other
powers enabling it in this behalf, the Government of Maharashtra hereby, makes
the following rules further to amend the Maharashtra Value Added Tax Rules,
2005, namely:-
1. (1) These
rules may be called the Maharashtra Value Added Tax (Third Amendment) Rules,
2012.
(2) Save as otherwise
provided in this Notification, rules 2 to 15 and rules 17, 18 and 19 shall come
into force with effect from the 1st May 2012.
2. In rule 2 of the
Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as "the
principal Rules"), in sub-rule (1),—
(1) for
clause (c), the following clause shall be substituted, namely:—
"(c)"assessing
authority" means any authority competent to assess or audit or exercise or
perform all or any of the powers and functions conferred on, or assigned, under
this Act or as the case may be, has been delegated by the Commissioner and
within whose jurisdiction the place of business or, as the case may be, the
principal place of business of the dealer, is situated;";
(2) in
clause (d), after the word "includes" the words "a Special
Commissioner," shall be inserted.
3. In rule 5 of the
principal Rules, in the Table,—
(1) in
serial number (i), in column (3), after the words
"Additional Commissioner" the words "and a Special
Commissioner", shall be inserted;
(2) in
serial number (ii) in column (3), for the words "and an Additional
Commissioner" the words "an Additional Commissioner and a Special
Commissioner" shall be substituted;
(3) in
serial number (iii), in column (3), for the words "and Additional
Commissioner" the words "an Additional Commissioner and a Special
Commissioner", shall be substituted;
(4) in
serial number (iv),m column (3), for the words "and Additional
Commissioner" the words "an Additional Commissioner and a Special
Commissioner" shall be substituted;
(5) in
serial number (v), in column (3), for the words "and an Additional
Commissioner" the words "an Additional Commissioner and a Special
Commissioner" shall be substituted.
4. In rule 8 of the
principal Rules,—
(1) in
sub-rule (11),—
(1) clause
(b) shall be deleted;
(2) clause
(c), shall be substituted, namely:—
"(c) be introduced
by a registered dealer whose registration certificate is in force on the date
of introduction and who is registered under the Act for continuous period of
not less than three years immediately preceding the year in which the
application is made.";
(2) in sub-rule (12), for
the portion beginning with the words "submit his Permanent" and
ending with the words "alongwith proof of the
same" the following shall be substituted, namely: -
"have
a current bank account and a Permanent Account Number, and shall submit the
proof of the same to the registering authority at the time of making such
application”.
5. In rule 17 of the
principal Rules,—
(1) In sub-rule (1), for
the words and letters “www.vat.maharashtra.gov.in"
the words and letters "www.mahavat.gov.in"
shall be substituted;
(2) in
sub-rule (4), in clause (d), in the proviso, for the word and letters
"Annexure-G, H" the word and letters "Annexure-C, D, G, H"
shall be substituted.
6. In rule 18 of the
principal Rules,—
(1) for
sub-rule (1), the following sub-rule shall be substituted, namely:
"(1) Where a dealer
is liable to be registered under this Act, and,—
(a) fails
to apply for the registration within the prescribed period, the first return to
be furnished by him shall be for the period from the date of event which makes
him liable to pay tax to the end of the quarter in which such date occurs.
Thereafter he shall continue to file quarterly returns till the quarter immediately
before the quarter containing the date of registration. The last return for the
unregistered period shall be filed from the 1st day of quarter containing date
of registration till the day before the date of registration. Thereafter the
first return for the registered period to be furnished by him shall be for the
period from the date of registration to the end of the quarter containing the
date of registration. He shall continue to file quarterly returns in respect of
periods ending on or before the end of the year containing the date of effect
of registration.
(b) applies within the
period specified in rule 8, the first return to be furnished by him shall be
for the period from the appointed day, 1st April of the year, or as the case
may be, from the date of event which makes him liable to pay tax to the end of
the quarter containing the date of registration. He shall continue to file
quarterly returns in respect of periods ending on or before the end of the year
containing the date of effect of registration";
(2) in
sub-rule (2), in the proviso, for the words "within ninety days from the
end of that financial year" the words "on or before the 30th June of
the year succeeding the year" shall be substituted.
7. Rule 33 of the
principal Rules, shall be re-numbered as sub-rule (1) there of; and after
sub-rule (1) as so renumbered, the following sub- rule shall be added,
namely:—
"(2) The order under
the proviso to sub-section (6) of section 26 shall be in FORM 319."
8. After rule 40 of the
principal Rules, the following rule shall be inserted, namely,—
"40A. Tax collection
at source.—
(1) Every authority or
agency required to collect the amount towards tax under sub-section (1) of
section 31A shall deposit the amount so collected into the Government Treasury
in challan FORM 210 or as the case may be, in FORM
MTR6, within twenty one days from the end of the month during which such amount
is collected from any person.
(2) The authority or
agency, on collection of such amount of tax at source, shall issue certificate
of tax collection in FORM 421 immediately after such tax collection.
(3) Every authority or
agency issuing a tax collection certificate as required by sub-rule (2) shall
maintain a separate account for each year in FORM 422 showing the amount collected
towards sales tax, certificate of collection issued, and the particulars of
payment made to the Government treasury and shall file a return in FORM 423
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 office of the authority is
situated, within three months of the end of the year to which the return
relates.".
9. In rule 52 of the
principal Rules, in sub-rule (1), after clause (c), the following shall be
added, namely:—
"(d) the purchase tax paid by the claimant dealer under this
Act.".
10. In rule 53 of the
principal Rules,—
(1) after
sub-rule (1), the following sub-rule shall be inserted, namely :—
"(1A) On the
purchases of natural gas to which sub-rule (1) does not apply, unless the
natural gas purchased is resold or sold in the course of inter-State trade or
commerce or in the course of export out of the territory of India or dispatched
outside the State, to any place within India, not by reason of sale, to his own
place of business or of his agent or where the claimant dealer is a commission
agent, to the place of business of his principal, an amount equal to three per
cent of the purchase price shall be reduced from the amount of set-off
otherwise available in respect of the said purchases.
Explanation.—For
the purpose of this sub-rule, "natural gas" will be deemed to have
been sold or resold if the sale is after conversion from one form of natural
gas to another form.";
(2) in sub-rule (2), in
clause (a),—
(1) after
the words "used as a fuel" the words "and natural gas"
shall be inserted;
(2) for
the Explanation the following Explanation shall be substituted, namely:—
"Explanation.—For
the purpose of this clause "manufactured tax free goods" will not
include,—
(a) sarki pend, de-oiled cakes,
and
(b) any other goods
covered by SCHEDULE A, if they are sold in the course of export out of the
territory of India covered by section 5 of the Central Sales Tax Act,
1956,".
(3) in sub-rule (3), in
clause (a),-—
(1) after
the words "used as a fuel" the words "and natural gas"
shall be inserted;
(2) for
the Explanation, the following proviso shall be substituted, namely:—
"Provided that, if
the taxable goods are despatched outside the State and
the rate of tax specified in the SCHEDULE against the corresponding taxable
goods purchased, is less than four per cent., then the reduction from set-off
under this clause shall be calculated at such lower rate of tax specified in
the SCHEDULE against the corresponding goods.";
(3) in
the first proviso, for the words "Provided that" the words
"Provided farther that" shall be substituted;
(4) in
the second proviso, for the words "Provided further that" the words
"Provided also that" shall be substituted;
(4) in
sub-rule (7B), for the words, figure and brackets "sub-rule (1)" the
words, figure, letter and brackets "sub-rule (1) and (1A)” shall be
inserted ;
(5) in
sub-rule (9), in clause (a),—
(a)
after the words, brackets and figure "sub-rule (1) " the words,
brackets and figure ", sub-rule (1A)," shall be inserted;
(b) the
words "and goods used as fuel" shall be deleted.
11. In rule 55 of the
principal Rules,—
(1) in
sub-rule (1),-—
(a) after
the words "tax recovered from him" the words "or as the case may
be, paid by him" shall be added;
(b) in
clause (b),—
(i)
in sub-clause (i), in
paragraph (E), after the words "recovered from him" the words
"or, as the case may be, paid" shall be inserted;
(ii) in
clause (ii), for the words "recovered from the claimant dealer" the
words "recovered or as the case may be, paid by the claimant dealer"
shall be substituted;
(2) in sub-rule (3), in
clause (a),—
(a) in
sub-clause (ii), the word "and" shall be deleted;
(b) after
sub-clause (ii), the following sub-clause shall be inserted, namely,—
"(iiA) the total value of the collection certificate received
by him in that period, and"
12. In rule 64 of the
principal Rules, in sub-rule (3), in clause (c), for the wrords
"sales tax" the words "sales tax or as the case may be, purchase
tax" shall be substituted.
13. In rule 66 of the
principal Rules, for the words "within ten months" the words
"within eight months" shall be substituted.
14. In rule 68 of the
principal Rules,—
(a) for
the words "six years" the words "eight years" shall be
substituted;
(b) in
the proviso, for the words "six years" occurs at both the places, the
words "eight years" shall be substituted.
15. In rule 73 of the
principal Rules, in sub-rule (2), in the proviso, for the words, brackets and
figures, "fees specified in column (3) of the Table below against entries
(29), (30) and (31)" the words, brackets and figures, "where fees
specified in column (3) of the Table below is rupees hundred or less, it"
shall be substituted.
16. In rule 79 of the
principal Rules,—
(1) for
sub-rule (2), the following sub-rule shall be substituted and shall deemed to
have been substituted with effect from the 1st April 2012, namely:—
"(2) If the unit is
holding an Entitlement Certificate for exemption from payment of tax under the
1979, 1983, 1988 or 1993 Package Scheme of Incentives or, as the case may be
under the Power Generation Promotion Policy 1998, then, it shall also be
entitled to claim refund of tax equal in amount to the amount calculated for
the purpose of reduction from set-off under rule 53, if the said dealer was not
holding the Certificate of Entitlement";
(2) in sub-rule (3)9 for
the words "Certificate for exemption or, as the case may be, for deferral"
the words "Certificate for exemption from" shall be substituted and
shall deemed to have been substituted with effect from the 1st April 2012.
17. In rule 81 of the principal Rules, in
sub-rule (1),—
(1) in clause (a), after
the words "covered by the Certificate of Entitlement," the words
"and the purchase tax on raw material as reduced by set-off in respect of
such purchase tax available to the dealer if he was not holding Certificate of
Entitlement," shall be inserted;
(2) in clause (b), after
the words "and of by-products covered by the Certificate of
Entitlement," the words "and the purchase tax on raw material as
reduced by set-off in respect of such purchase tax available to the dealer if
he was not holding Certificate of Entitlement," shall be inserted.
18. After FORM 318 of the
principal Rules, the following FORM shall be added, namely:—
"FORM 319”
19. After FORM 420 of the principal Rules, the
following FORMS shall be added, namely:-
"FORM.421”
“FORM 422”
“FORM 423”
By order and in the name
of the Governor of Maharashtra,
A. N. BHOSALE,
Deputy Secretary
to Government.
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