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Sales Tax Practioners' Association of Maharashtra

"The main object of our Association is to educate the public in general and the members in particulars on Sales Tax and Allied Laws in the State of Maharashtra, India".

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Sales Tax Review

August  2006

From the President

When I concluded my maiden communication with you, I hardly realised the intensity of the upcoming heavy rains in the city and other places in Maharashtra as well as the nearby States of Gujarat, Rajasthan and Andhra Pradesh. The flooding of various areas in the State of Maharashtra and the resultant damage to roads and property once again has proved the promises made by the bureaucrats to be incorrect. It has also shown that the citizens of this State are asked to suffer consistently year after year without any ray of hope for a better treatment. It seems the citizens have shown more than expected tolerance towards the apathy by the administration and are suffering day in and day out, with political parties trying to take the best advantage on it. Ultimately the Bombay High Court had to intervened with strict direction to remedy the roads in the city of Mumbai from all the potholes.

Coming nearer to the events with which we are concerned, I may first refer to a good news. Our Hon’ble President of the Maharashtra Sales Tax Tribunal have been given three years extension, thus forestalling the uncertainties that prevailed on 7th floor about the working of the Tribunal. Another good news is the constitution of two more benches and the appointment of the required number of members and the infrastructure required for the same. I wish that in the near future, we have as many as six benches working with speed, so as to reduce the backlog of folders waiting for final disposal.

The Ordinance No. 6 of 2006 have been replaced by the Maharashtra Legislative Assembly with approval in entirety. It is really regrettable to notice the plight of tax-payers and the members of the Association who are waiting anxiously for the consequential rules and notifications. We have only one notification as published relating to the partial concession of VAT in excess of 4% in the sales to State and Central Governments and electric generating and distributing companies. While the format of the statement to be filed annually by the purchasing organisation is annexed to the notification, no format is prescribed for the application required to be made to the Commissioner for granting the certificate under the said notification, nor the departmental officials seems to be aware about such a notification. This calls for remedial action by the departmental head.

Now referring to the activities of our Association, the first study circle meeting was inaugurated by Hon’ble Shri G. D. Parekh on 3rd August, 2006. Shri Firoze Andhyarujina delivered the talk on controversial issues relating to the levy of tax on intangible goods. The hall on the first floor of Vikrikar Bhavan, Mumbai, was completely full with several individuals standing in the lobby to enrich their knowledge on the subject. Each and every participant was spellbound by the forceful speech of the learned speaker. The seniors in the profession and the Hon’ble members of the Tribunal, including the President, were very much impressed by the extempore speech without the help of any note in writing, especially when the speaker referred to the relevant citations of all the cases.

The plan of having Seminars at outstations got fillip by a Joint Seminar at Nagpur on 5th August, 2006, organised by Nagpur Tax Bar Association and Vidarbha Tax Practitioners' Association. The Seminar was well appreciated by all the participants and each of the participants were enriched with the expert and thought provoking address by all the faculty members.

The monsoon season was fully enjoyed by some of our members during their stay at Daman from 11th August to 13th August, 2006. I compliment the Convenor of the Picnic Committee, Mr. Shashank S. Dhond, for all the nice arrangements.

Taking a glance on the upcoming event on 25th August, 2006, where the Hon’ble Commissioner of Sales Tax and other departmental officials will deal with the online procedure of obtaining the declarations under the Central Sales Tax Act, 1956. The officials will also clarify certain practical difficulties in complying with the new refund procedure under MVAT Act.

Yet another Joint Seminar with Malad Chamber of Tax Consultants is scheduled on 16th September, 2006, dealing with several practical aspects of statutory audit under MVAT Act. In between, however, on 29th August, 2006, first workshop also will deal with issues relating to statutory audit. The detailed circulars in that regard have already been despatched to all the members. I hope the benefit of all such educative programmes would be availed by all the members.

For planning the programmes at district levels, I once again request the members from all such places to forward the suggested topics and the convenient dates for better results.

By the time I pen down my next communication, all of us will have the privilege of having the blessings for ten days from Lord Ganesh during his sojourn amongst us.

Finally I would say to all our Jain Members as well as Non-Jain Members as well !

Tushar Joshi
President

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