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Law Updates |
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Notifications |
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FINANCE DEPARTMENT
Mantralaya, Mumbai 400 032, Dated the 8th July 2003
NOTIFICATION
Bombay Sales Tax Act, 1959.
No. STA.2003/CR-66/Taxation-2.— In exercise
of the powers conferred by sub-section (1) of section 41 of the
Bombay Sales Tax Act, 1959 (Bom. LI of 1959), the Government of
Maharashtra hereby amends* the Government Notification, Finance Department, No. STA.
1095/37/Taxation-2, dated the 22nd September 1995, being
satisfied that it is necessary so to do in public interest, as
follows :—
In the Schedule appended to the said notification,
in Group A, after entry 153, the following entry shall be added,
namely :—
| "154. |
Sales or purchases of the goods covered
by entry 6 of Schedule B of the Bombay Sales Tax Act, 1959 (Bom.
LI of 1959) by the Registered dealer for the period
commencing on or after the 1st May 2003 as specified below
:—
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(a) |
Resales of goods on the purchase of which
the dealer is liable to pay purchase tax under section 14,
or |
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(b) |
Resales of goods purchased by the dealer
from a Registered dealer otherwise than on declaration
furnished under section 11 or 12, if the requirements of
sub-section (1) of section 12A are satisfied, or |
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(c) |
Resales of goods purchased by the dealer
from a dealer liable to pay tax under section 4, if
certificate as provided in sub-section (2) of section 12A is
furnished. |
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Whole of tax. |
(1) |
The claimant dealer is not entitled to claim reduction in
sale price under rule 46C or set-off under rule 42M of the
Bombay Sales Tax Rules, 1959. |
Government Notification, Finance Department, No.
STA-2003/CR-66/Taxation-2, dated the 8th July 2003.". |
| (2) |
The claimant dealer has not collected
sales tax separately in the bill, cash memo/invoice issued
to the customer. |
| (3) |
Notwithstanding anything contained in
column (3), if sales tax has been paid or otherwise
recovered in respect of period mentioned in column (2), then
exemption shall be subject to the following conditions,
namely :—
| (i) |
Where tax is paid or recovered in
full, then no exemption shall be granted; or |
| (ii) |
Where tax is paid or recovered in
part, then the exemption shall be restricted to the
extent of unpaid tax. |
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By order and in the name of the Governor of Maharashtra,
A. R. DEORAS,
Under Secretary to Government.
| * |
This
notification was last amended by the Government
Notification, Finance Department, No. STA-2001/CR-64/Taxation-2, dated the
19th June 2003, published in
the Maharashtra Government Gazette, Extraordinary,
Part IV-B, dated the 19th June 2003. |
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