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Sales Tax Practioners' Association of Maharashtra

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Law Updates

Notification

FINANCE DEPARTMENT
Mantralaya, Mumbai 400032, dated the 21st January 2008 

Maharashtra Value Added Tax Act, 2002.

No. VAT.1507/CR-93/Taxation-1.—In exercise of powers conferred by sub-section (5) of section 8 of the Maharashtra Value Added Tax Act, 2002(Mah.IX of 2005), and in supersessin of the Government Notification, Finance Department, No.VAT-1505/CR-192/Taxation-1, dated the 19th April 2007 the Government of Maharashtra hereby with effect from 1st February 2008, exempts the class of classes of sales, specified in column (2) of the Schedule appended hereto, from payment of tax in excess of four per cent of the sale price subject to the conditions and restrictions, if any, specified in column (3) of the said Schedule

Schedule

SR No 
(1)
Class or Classes of Sales
(2)
Conditions
(3)

(1)

Sales by registered dealer excluding the sale of motor spirits covered by entry No.5 to 10 of Schedule-D appended to the Act, -

(a) to a registered dealer being a electric power generating company as defined in the Electrickty Act, 2003, or

(b)to a registered dealer holding a licence for transmission of electricity under the Electrickty Act, 2003, or

(c) to a registered dealer holding a licence for distribution of electricity under the Electricity Act, 2003

 

(i) The Goods Purchased shall be used in the generation transmission or distribution of electrticity

(ii) The authorized officer of the Organisation referred to in column (2), shall by the end of  April, furnish a Statement of Account of purchases effected in the immediate preceding financial year, in the proforma appended to this order.

(iii) The purchasing Organisation referred to in column (2) shall be certified by the Joing Commissioner of Sales Tax (Registration), Mumbai, in case of dealers registered in Mumbai and in all other cases by the concerned Joint Commissioner of Sales Tax (VAT Administration), on application and the said certificate shall be liable for cancellation on breach of any of the conditions.

(2)

 

Sales by a registered dealer excluding the sale of motor spirits covered by entry No.5 to 10 of Schedule-D appended to the Act,--

(a) to the Mahanagar Telephone Nigam Limited, or

(b) to the Bharat Sanchar Nigam Limited, or

(c) to any telephone service provider, holding a licence granted under the Indian Telegraph Act, 1885 (13 of 1885) of Indian Wireless Telegraphy  Act 1933 (17 of 1933) To establish, maintain and operate:-

(i) telephone sertices upto the subscriber’s terminal connection. Or

(ii) national long distance service network, or

(iii) Internationl long distance service network,or

(d) to the Telecom Infrastructure provider who has been granted registration certificate by the Department of Telecommunications, as infrastructure Provider Category-1 (1P-I).

 

(i) The goods purchased shall be used by the purchaser in the generation, transmission, distribution or reception of telecommunication signals.

(ii) The Authorized officer of the organisation referred to in column (2), Shall by the end of April, furnish a Statement of Account of purchases effected in the immediate preceding financial year, in the Proforma appended to this order.

(iii) The Purchasing Organisations referred to in the column (2) shall be certified by the Joing Commissioner of Sales Tax ( Registration), Mumbai in case of dealers registered in Mumbai and in all other cases by the concerned Joint Commissioner of Sales Tax (VAT Administration) on application aand the said certificate shall be liable for cancellation on breach of any of the conditions.

Note.—A dealer having his principal place of business in Mumbai shall furnish the Statement of Accounts to the Joint Commissioner of Sales Tax (Registration) and in any other case to the Joint Commissioner of Sales Tax (VAT Administration), having jurisdiction over the principal place of business of the dealer.

PROFORMA
Statement of Account of Purchases in Financial Year.................

Sr. No. Name and address of the supplier TIN of the supplier Total Gross Value of goods purchased in the year.
       

CERTIFICATE

            The purchases effected by the Organization of which I am authorized signatory, are indicated in the statement given above. The information given therein is from the books of accounts maintained by the Organization for the Financial Year ………………The above information is correct and complete and it also tallies with the books of accounts of the said Organization.

Signature……………………

Name and Designation……...

Place:……………….       ………………………………

Dated:………………. 

Organization………………...

            By order and in the name of the Governor of Maharashtra,

SHASHANK MATHANE,
Deputy Secretary to Governmetnt.

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