Law Updates

 FINANCE DEPARTMENT
Mantralaya, Mumbai  400 032, dated  3^rd April  2006.

Maharashtra Value Added Tax Act, 2002.

No. VAT-1506/CR-5/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 is, hereby, pleased to make the following rules further to amend the Maharashtra Value Added Tax Rules, 2005, namely:- 

1. These rules may be called the Maharashtra Value Added Tax (Third Amendment) Rules, 2006.

2. In rule 17 of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as “the principal rules”),-

1. for sub-rules (1) and (2) the following sub-rule shall be and shall be deem to have been substituted with effect from 1^st April 2006, namely:-

“(1) The Forms of returns may be obtained from the Sales Tax Department or may be downloaded from the website, http://www.vat.maharashtra.gov.in/, maintained by the Sales Tax Department. The forms may also be obtained privately. If the forms are downloaded from the website or are obtained privately, then they should conform with the details of the forms issued by the Sales Tax Department and the paper used should be of white colour, A4 size and of minimum thickness of 70 g.s.m. or of the executive bond variety. The returns shall be in the Form mentioned in column (2) of the Table below for the purposes mentioned in column (3) of the said Table.

TABLE

Explanation 1:- For the purposes of this sub-rule, in the case of a dealer who is also doing business of execution of works contract, transfer of the right to use any goods for any purpose or has opted for composition for part of his business, if he is otherwise liable to file return,-

1. in Form 221, he shall file return in Form 223 instead of in Form 221, and

2. in Form 224 or Form 225, he shall, in addition to the return in Form 224 or Form 225 file a return in Form 223.

Explanation 2:- where in respect of any period ending on or before 31^st March, 2006 or, as the case may be, the due date was before the 1^st April 2006, but the return was not filed before 1^st April 2006, then the dealer shall file the return in the Form mentioned in column (2) of the Table above for the purposes mentioned in column (3) of the said Table. 

2. Every registered dealer who is required to furnish a return shall, subject to the provisions of this rule, furnish it duly signed by him or by a person authorized by him, to the authorities specified below, that is to say, -

1. where tax including interest or penalty is due and payable according to the return, to the Government  Treasury while making payment of tax, penalty or interest under rule 45.
   Provided  that, the dealer who is a notified oil company shall also file a copy of his return in Form 225 with the Joint Commissioner of Sales Tax, Nariman Point within three days of filing of the return-cum-chalan in Form 225 with the Government Treasury,

2. where no tax including penalty or interest is due and payable according to the return, -

1. to the registering authority (non-resident circle), Mumbai, if the dealer has been registered by such authority;

2. to the registering authority having jurisdiction over the principal place of business of the dealer, if such dealer has places of business under the jurisdiction of more than one registering authority; or

3. to each of the registering authorities having jurisdiction over each of the respective place of business of the dealer in respect of which he holds a Certificate of Entitlement under any Package Scheme of Incentives except the Power Generation Promotion Policy, 1998, covering all the sales and purchases relating to the eligible industrial unit

4. in any other case, to the registering authority within whose jurisdiction the place or places of business, as specified in the certificate of registration of the registered dealer is or are situated”.

2. In sub-rule (3),-

1. for the words “shall file monthly returns” the words and figures “shall file monthly returns in Form 225” shall be substituted;-

2. in the proviso, after the words “makes ad-hoc payment” the words “within fifteen days of the end of the month to which the return relates of an amount” shall be inserted.

3. In rule 18 of the principal rules,

1. for sub-rule (3), the following sub-rule shall be and shall be deem to have been substituted with effect from the 1^st April,2006 namely:-

“(3) (a) A dealer to whom a Certificate of Entitlement has been granted for the purpose of availing of incentives by way of exemption from payment of tax, shall file, -

1. a return in a Form prescribed in rule 17 for the period beginning with the first day of the month or, as the case may be, first day of the quarter or the first day of the six month period and ending with the date immediately preceding the date of effect of the said certificate,

2. thereafter he shall file quarterly returns in Form 224 and accordingly the first return after obtaining the Certificate of Entitlement shall be filed from the date of effect of the said certificate to the end of the quarter. If the dealer has executed any works contract or has transferred the right to use any goods for any purpose or has part of the business under composition, then he shall notwithstanding anything contained in sub-rule (4) of rule 17 also file a quarterly return in Form 223 in respect of such activities in addition to the return in Form 224.

3. The last return shall be for the period beginning with the first date of the quarter and ending with the date on which the said certificate ceases to be valid.

4. The next immediate return shall be for the period commencing on the date immediately succeeding the date on which the said certificate ceases to be valid to the end of the quarter.

5.  For the balance period of the year, if any, he shall file quarterly returns.

6. The periodicity of the returns for the immediately succeeding year shall be decided in accordance with rule 17 and for this purpose the provisions contained in sub-rule (4) of rule 17 shall apply to such dealer as if the expression “tax liability” of the dealer included the cumulative quantum of benefits availed by the dealer.

(b) The provisions of clause (a) shall mutatis mutandis apply to a dealer to whom a Certificate of Entitlement by way of deferment of payment of tax has been granted”.

4. In the forms appended to the principal rules, after Form 214, the following forms shall be added and shall be deem to have been added with effect from 1^st April 2006, namely:-

Form 221

Form 222

Form 223

Form 224

Form 225