Agriculture implements manually operated or animal driven as may be notified by the State Government from time to time in the Official Gazette [and components and parts of such implements]. Aids and implements used by handicapped persons as may be notified by the State Government from time to time in the Official Gazette. Aids and implements used by handicapped persons as may be notified by the State Government from time to time in the Official Gazette [and components and parts thereof].
Animal driven carts including bullock carts [and components, parts and accessories thereof excluding bearings, tubes and tyres ]. Purchasing dealer has used the domestic natural gas or Re-gasified Liquid Natural Gas for generation of electricity for the supply to Indian Railways.
Aquatic feed, cattle feed, poultry feed, their concentrates, animal feed supplements and animal Aquatic fees, cattle feed, poultry feed, their concentrates, additives and, straw, cotton seed oilcakes excluding. Books including almanacs, panchangs, timetables for passenger transport services and periodicals, but excluding — annual reports, application forms, account books, calendars, diaries, catalogues, race cards and publications which mainly publicise goods, services and articles for commercial purposes.
Books including almanacs, panchangs, timetables for passenger transport services and periodicals, [maps, charts, orreries and globes] , but excluding — annual reports, application forms, account books, calendars, diaries, catalogues, race cards and publications which mainly publicise goods, services and articles for commercial purposes.
Books, that is to say, every volume or part or division of a volume including almanacs, panchangs, timetables for passenger transport services and periodicals, maps, charts, orreries and globes, but excluding — annual reports, application forms, account books, calendars, diaries, catalogues, race cards and publications which mainly publicise goods, services and articles for commercial purposes and publications which contain space exceeding eight pages for writing.
Bread excluding pizza bread , in loaf, rolls or in slices, toasted or otherwise except when served for consumption. Cereals and pulses during the period from 1 st April, to 31 st March, in whole grain, split or broken form.
Other than those to which any other entry in the Schedule or any other Schedule applies. Cereals other than paddy, rice and wheat in whole grain, split or broken form and their flour whether sold singly or in mixed form. During the period 1 st May, to 31 st March, Charkha, Amber Charkha and other implements used in the production of handspun yarn. Charkha, Amber Charkha and other implements used in the production of handspun yarn, [Khadi garments, made-ups and other goods prepared from handspun yarn.
Handlooms, their parts, accessories, attachments and auxiliary machines as may be notified by the State Government from time to time in the Official Gazette.
Curd, Lassi, butter milk and separated milk except when served for consumption. Firewood excluding casuarina poles and eucalyptus logs and cut sizes thereof. LPG Supplied in cylinders containing upto Fishnet [and fishnet fabrics, fish seeds, prawn seeds, and shrimp seeds. Fresh Vegetables and potatoes, sweet potatoes, yam elephant's foot , onions, fresh fruits excluding wet dates. Fresh Vegetables and potatoes, sweet potatoes, yam elephant's foot , onions, fresh fruits excluding wet dates [except when sold in frozen state or in sealed container.
Goods of incorporeal or intangible character, other than those notifies under entry 39 in Schedule C. Hand pumps used for pumping water. Indigenous handmade musical instruments as may be notified by the State Government from time to time in the Official Gazette. Indigenous handmade musical instruments as may be notified by the State Government from time to time in the Official Gazette [and components, and parts thereof.
Meats, flesh of poultry and seafood, including fish, prawns, lobsters, crabs and shrimps except when sold in frozen state or in a sealed container; Eggs in shell, cattle excluding horses, sheep, goats, pigs and poultry;. Milk, that is to say, animal milk in liquid form except when served for consumption and excluding, —. Non-judicial stamp paper when sold by Government Treasuries; postal items like envelopes, postcards etc. Semen of all types [excluding oilseeds and seeds to which any other entry of this schedule or of schedule C applies.
Sugar, fabrics and tobacco as described from time to time in column 3 of the First Schedule to the Additional Duties of Excise [Goods of Special Importance], act, Whether or not containing any other ingredients such as cardamom, copra ans menthol. Sugar and fabrics as described from time to time in column 3 of the First Schedule to the Additional Duties of Excise Goods of Special Importance , Act, 58 of ].
Sugar, fabrics and tobacco as described from time to time in column 3 of the First Schedule to [the Additional Duties of Excise Goods of Special Importance Act, 58 of but excluding those specified in Schedule C. Sugar, fabrics and tobacco as described from time to time in column 3 of the First Schedule to [the Additional Duties of Excise Goods of Special Importance , Act, 58 of as it stood prior to the date on which the Finance Act, comes into force] but excluding those specified in Schedule C.
During the period from 1 st may to 31 st March Khandsari Sugar]. Hurricane lantern and Kerosene lamp, kerosene lanterns, petromax lanterns, kerosene stoves, kerosene pressure stoves, pertromax pressure lamps, pressure lamps, glass chimneys and lanterns, petromax gas mantles and accessories, components and parts of all of them.
Lac, Shellac and their products, sold during the period upto 31 st March, ]. Incense sticks commonly known as agarbatti, dhoop, dhupkadi or dhupbatti.
Solar energy devices as may be notified, from time to time, by State Government in the Official Gazette, and spare parts thereof. Pre-fabricated domestic biogas units]. Katha catechu. Rasins and Currants sold during the period starting on the 1 st June, and ending on the 31 st May, Rasins and Currants sold during the period starting on the 1 st June, and ending on the [31 st May, Sale of edible oil and oilcake manufactured and sold by the Tel Ghani Units registered under the Khadi and Village Industries Commission Act, or as the case may be with the Khadi and Village Industries Board constituted under the Bombay Khadi and Village Industries Act, for a turnover not exceeding rupees twenty lakh in a financial year.
Water meters sold to Local Bodies. Motor Vehicles, having engine capacity upto 20 cc, adapted or modified for use by handicapped persons. Sales during the period from the 1st April, to the 31st March, , of processed, semi-processed, semi-cooked, ready-mix, ready to eat, shelled sweet corn, whether or not sold-. Articles made of precious metals of fineness not less than fifty per cent whether or not containing precious stones, semi precious stones, diamonds or pearls whether real or cultured.
Precious metals that is to say Gold, Silver, Platinum, osmium, Palladium, Rhodium, Ruthenium and alloys of any of them. Precious Stones including diamonds, semi precious stones and pearls whether real or cultured. Precious Stones, semi-precious stones and pearls whether real or cultured but excluding those to which entry 3A of the Schedule applies, when sold on or after the 1st April, Diamonds, —.
Imitation Jewellery, beads of glass, plastics or of any metal other than precious metals and parts and components thereof. Agricultural machinery and implements, other than tractors, trailers, semi trailers, oil engines, electric motors, pumps, electric pumping sets, capacitors of all types and pipes of all types. Agricultural machinery and implements, [and components and parts thereof] other than tractors, trailers, semi-trailers, oil engines, electric motors, pumps, electric pumping sets, capacitors of all types and pipes of all types.
Agricultural machinery and implements, and components and parts thereof other than tractors, trailers, semi-trailers, oil engines, electric motors, pumps, electric pumping sets, capacitors of all types and pipes of all types.
All equipments for electronic communication by wireless or by wire including Private Branch Exchange P. All kinds of bricks including fly ash bricks and [refractory bricks and monolithics] , asphaltic roofing tiles, earthen roofing tiles. All kinds of bricks including fly ash bricks and refractory bricks and monolithics, asphaltic roofing tiles, earthen roofing tiles.
All types of yarn whether covered with any material or not other than cotton and silk yarn in hank; sewing thread; waste of any of them. Aluminum, its alloys and products as may be notified from time to time by the State Government in the Official Gazette. Aviation Turbine'Fuel sold to a Turbo-prop aircraft. Bamboo and bamboo products.
Bicycles, tricycles, cycle rickshaws [and parts, components and accessories and tyres and tubes thereof. Bicycles, tricycles, cycle rickshaws and parts, components and accessories and tyres and tubes thereof. Bulk drugs, whether imported or manufactured under licence under the Drugs and Cosmetics Act, Centrifugal, monobloc and submersible [pumps and pump sets] and parts thereof.
During the periods starting on or, after 1st April Rice, wheat and pulses in whole grain, split or broken form. During the period starting on or after [1st October ] [Paddy and Rice] , wheat and pulses in whole grain, split or broken form. During the periods starting on or, after 1st April Paddy and Rice, wheat and pulses in whole grain, split or broken form. During the periods starting on or, after 1st October Paddy and Rice, wheat and pulses in whole grain, split or broken form.
During the periods starting on or, after 1st April, Paddy and Rice, wheat and pulses in whole grain, split or broken form. Cotton, that is to say, all kinds of cotton indigenous or imported in its unmanufactured state, whether ginned or unginned, baled, pressed or otherwise including cotton waste. Crude oil, that is to say, crude petroleum oils, and crude oils obtained from bituminous minerals such as shale, calcareous rock, sand , whatever their composition, whether obtained from normal or condensation oil deposits or by the destructive distillation of bituminous minerals and whether or not subjected to all or any of the following processes :- 1 decantation; 2 de-salting; 3 dehydration; 4 stabilisation in order to normalise the vapour pressure; 5 elimination of very light fractions with a view to returning them to the oil deposits in order to improve the drainage and maintain the pressure; 6 the addition of only those hydrocarbons previously recovered by physical methods, during the course of the abovementioned processes; 7 any other minor process including addition of pour point depressants of flow improvers which does not change the essential character of the substance.
Drugs including Ayurvedic, Siddha, Unani, spirituous Medical Drugs and Homoeopathic Drugs , being formulations or preparations conforming to the following descriptions:- Any medicinal formulation or preparation ready for use internally or on the body of human beings, animals, and birds for diagnosis, treatment, mitigation or prevention of any diseases or disorders, which is manufactured or imported into India, stocked, distributed ,or sold under licence granted under the Drug and Cosmetic Act, , and includes devices notified by the Central Government under sub-section iv of clause b of section 2 of the said Act, but does not include mosquito repellants in any form.
Edible oil, edible oil in unrefined form and oil cakes. Edible oil, edible oil in unrefined form and [oil cakes excluding sarki pend]. Excavators covered under tariff heading No. Exercise book, graph book, [laboratory note books and drawing books]. Ferrous and non-ferrous domestic utensils other than those. Fertilizers including biofertilisers, insecticides, pesticides, fungicides, weedicides, rodenticides, herbicides, antispouring products, plant growth promoters or regulators, but not including disinfectants.
Fertilizers including biofertilisers, insecticides, pesticides, fungicides, weedicides, rodenticides, herbicides, antispouring products, plant growth promoters or regulators, [and micronutrients] but not including disinfectants. Fertilizers including biofertilisers, insecticides, pesticides, fungicides, weedicides, rodenticides, herbicides, antispouring products, plant growth promoters or regulators, micronutrients but not including disinfectants.
Fireclay, [coal ash] , coal boiler ash, coal cinder ash, coal powder clinker. Flours of cereals and pulses whether singly or in a mixed form including atta, maida, rawa, suji and besan. Sold on or after 1st April, ]. Sold on or after [1st October, ]. Sold on or after [1st April, ]. Goods of intangible or incorporeal nature as may be notified from time to time by the State Government in the Official Gazette.
Gur, jaggery, and edible variety of rub gur for the periods starting on or after 1st April, Gur, jaggery, and edible variety of rub gur for the periods starting on or after 1st October, Gypsum of all forms and descriptions [excluding gypsum boards].
Gypsum of all forms and descriptions excluding gypsum boards [and plaster of paris. Herb, bark, dry plant, dry root, commonly known as jari booti and dry flower.
Herbs, katha catechu , gambiar, bark, dry plant, dry root, commonly known as jari booti and dry flower. Hurricane lantern and Kerosene lamp, [kerosene lanterns, petromax lanterns, kerosene stoves, kerosene pressure stoves, petromax pressure lamps, pressure lamps, glass chimneys and lanterns, petromax gas mantles and accessories, components and parts thereof. Rice Bran]. Imitation jewellery, beads of glass, plastic or of any metal other than precious metals, hair pins and parts and components of all of them.
Hair Pins. Incense sticks commonly known as, agarbatti, [Dhoop, dhupkathi or dhupbatti. Industrial cables High voltage cables, plastic coated cables, jelly filled cables, optical fibre cables. Industrial cables high voltage cables, plastic coated cables, jelly filled cables, optical fibre cables.
Industrial inputs and packing materials as may be notified from time to time by the State Government in the Official Gazette. Iron and steel, that is to say, i pig. Jute that is to say, the fiber extracted from plants belonging to the species Corchorus Capsularies and Corchorus.
Jute that is to say, the fiber extracted from plants belonging to the species Corchorus Capsularies and Corchorus oiltorius and the fiber known as mesta or bimli extracted from plants of the species Hibiscus Cannabinus and Hibiscus subdariffa-varaltissima and the fibre known as Sunn and Sannahemp extracted from plants of the species Crotalaria Juncea, whether baled or otherwise.
Lac, shellac, and their products. Lac, shellac and their products sold on or after 1st April, ]. Napa Slabs Rough flooring stones [and Shahabadi stones. Non-ferrous metals and alloys in primary forms and scrap as may be notified from time to time by the State Government in the Official Gazette. Latifolia, Bassia, Latifolia and Madhuca longifolia Syn. Glabra ; xiv Kusum Schlechera Oleosa, Syn. Paper, newsprint, paper board [waste paper, computer paper, stationery of all types, carbon paper, ammonia paper.
Paraffin wax of food grade standard and other than food grade standard including standard wax and match wax; slack wax. Pipes of all varieties including G. Pipes, C. Plastic granules, [master batches, plastic powder and scrap. Poultry machinery and equipments as may be notified, from time to time, by the State Government in the Official Gazette.
Printed material including annual reports, application forms, account books, calendars, diaries, catalogues, race cards and publications which mainly publicise goods, services and articles for commercial purposes. Rail coaches, engines and wagons [and parts thereof]. Readymade garments and other articles of personal wear, clothing accessories, made up textile articles of personal wear, clothing accessories, made up textile articles and sets as may be notified, from time to time, by the State Government in the Official Gazette.
Renewable energy devices and spare parts as may be notified from time to time by the State Government in the Official Gazette. Renewable energy devices as may be notified, from time to time, by the State Government in the Official Gazette and spare parts thereof. Ribbon, Bow and Kajal. Roasted or fried pulses including gram [except when served for consumption]. Rock Salt. However, a contractor, who undertakes construction of immovable property by way of works contracts, is eligible to claim setoff on purchase of such goods.
There is no set off of CST paid on inter-state purchases. There is no set off for any other taxes paid such as excise duty, import duty, service tax, octroi or such other levy or levies. The excess credit may be carried forward in this manner till the end of the accounting year. The balance, if any, thereafter shall be claimed as a refund in Form from the department, within a period of three years from the end of the year for which it relates.
Exports : — Exports are treated as zero-rated. Thus no tax is payable on export of goods out of India. However full set off is available of input tax paid on purchases, from within the state of Maharashtra, used in such exports. Thus the tax on such sale is levied according to the provisions of CST Act. Such transactions are not liable for VAT. However full input tax credit is available for the value added tax paid in Maharashtra.
Tax invoice. A registered dealer is entitled to claim set off only on the basis of a valid tax invoice. Set off is not available on purchases affected through a bill or cash memorandum. To be a valid tax invoice, section 86 2 provides that it shall contain the following particulars: —.
The word Tax Invoice in bold letter at the top or at a prominent place. Serial Number and Date. Description, Quantity and Price of the Goods sold. The amount of tax charged, to be shown separately. Signed by the selling dealer or a person authorized by him. Bill or Cash Memorandum. The dealer, choosing to issue Tax Invoice must comply with the requirements prescribed in sec. Such dealers shall issue a Bill or Cash Memorandum. A bill or cash memorandum should be serially numbered, dated and signed by the dealer or his servant or manager.
Composition Schemes. Section 42 provides for Composition Schemes for various classes of dealers, as may be notified by the State Government from time to time. The dealers opting for such composition schemes shall pay tax at such rates, with such conditions, as may be prescribed in the scheme.
Accordingly, the Government of Maharashtra has notified different types of composition schemes for following classes of dealers: —. Works Contracts. There is no separate Act governing works contract transactions, all such transactions are now taxable as deemed sales under the MVAT Act.
The rate of tax, on such deemed sales of goods, used in the execution of works contract, shall remain same as prescribed in the aforesaid schedules to the respective goods. However the sale price of such goods has to be determined in accordance with the provisions contained in Rule 58 of the Maharashtra Value Added Tax Rules, Accordingly the value of the goods, at the time of the transfer of property in the goods whether as goods or in some other form involved in the execution of works contract, has to be determined by effecting the following deductions from the value of entire contract in so far as the amounts relating to the deduction pertain to the said works contract: —.
Labour and service charges for the execution of the works contract. Amounts paid by way of price for sub-contract, if any, to sub-contractors. Charges for obtaining on hire or otherwise, machinery and tools for the execution of the works contract. Cost of consumables such as water, electricity, fuel used in the execution of works contract, the property in which is not transferred in the course of execution of the works contract.
Cost of establishment of the contractor to the extent to which it is relatable to supply of the said labour and services. Other similar expenses relatable to the said supply of labour and services, where the labour and services are subsequent to the said transfer of property.
Profit earned by the contractor to the extent it is relatable to the supply of said labour and services. Provided that where the contractor has not maintained accounts which enable a proper evaluation of the different deductions as above or where the Commissioner finds that the accounts maintained by the contractor are not sufficiently clear or intelligible, the contractor at his option or, as the case may be, the Commissioner may in lieu of the deductions as above provide a lump sum deduction as provided in the Table below and determine accordingly the sale price of the goods at the time of the said transfer of property.
Thirty per cent. It is also provided that if any tax is separately charged by the contractor as per terms of contract then the deduction should be after excluding such separate tax. The value of goods so arrived at under Rule 58 1 shall, for the purposes of levy of tax, be the sale price or, as the case may be, the purchase price relating to the transfer of property in goods whether as goods or in some other form involved in the execution of a works contract.
The dealer, opting to pay tax as per the above scheme, is entitled to take full input tax credit; i. Deduction from sale price for cost of land [Rule 58 1A ]. In case of a construction contract involving conveyance of land or interest therein along with property in goods, the sale price of goods subject to tax shall be determined after deducting cost of land. The cost of land shall be determined as per value determined for payment of stamp duty as per ready reckoner applicable as on 1st day of January of the year in which the agreement to sell the property is registered.
No deduction for cost of land is applicable for payment of tax by way of composition. Works Contract — Composition Scheme. After deducting therefrom the amount paid towards sub-contract, if any. Sub-section 3A is inserted w. Till date no such notification is issued. A dealer contractor is free to chose either sale price method or composition scheme, as he may deem fit, qua each contract.
There is no requirement of any prior approval etc. The relationship between the contractor and sub-contractor is considered as that of principal and agent. Thus, the responsibility for payment of tax is joint and several. It has been provided, therefore, that liability to pay tax may be discharged either by the main contractor or the sub-contractor.
If the main contractor chooses to pay tax on the entire contract, he may issue a declaration and certificate in Form and whereby the sub-contractor shall not be liable to pay tax on the portion of work undertaken by him. Similarly where the sub-contractor undertakes to pay tax, he shall issue a declaration and a certificate, in Form and , to the main contractor regarding payment of taxes made by him on his portion of works contract. Thus the main contractor will be liable to pay tax only on the difference.
Construction Contracts. The Government of Maharashtra, vide Notification No. Any works contract incidental or ancillary to the contracts mentioned in paragraph A above, if such work contracts are awarded and executed before the completion of the said contracts. Works Contract — Ongoing contracts. In respect of contracts, which have entered into and commenced before 1st April and continued thereafter, the dealer is required to discharge his tax liability, under the MVAT Act, in accordance with the provisions of earlier law i.
And such a dealer shall not be entitled for any set off on purchases of goods used in the execution of such on-going works contracts. Deduct tax, at prescribed rate, from the amount paid or payable to a contractor during a given period.
Deposit the amount so deducted with the Govt. Challan Form Issue a certificate of deduction of tax, immediately, in Form Maintain necessary records in prescribed format, Form Submit Annual Return in Form within three months from the end of year to which return relates. The TDS provisions are applicable only to specified employers. TDS not required to be deducted where the amount or the aggregate of the amount payable to a dealer by such employer is less than rupees 5 lakhs during the financial year.
No TDS on advance payments, however TDS on such advances to be deducted at the time when such advance is adjusted towards the amount payable. A contractor can apply in Form for a certificate of no deduction of tax at source if the contract is not a works contract. Employers notified for the purposes of TDS. Rate of TDS. But now, as there is no separate Act, all such transactions of deemed sale shall be liable to tax under MVAT Act at the same rate of tax as prescribed in the aforesaid schedules.
Determination of Sale Price in certain cases. Sale of Food by Residential Hotels Rule The turnover in such cases has to be determined by applying specified percentage on the amount of such composite charges. Reduction in Sale Price in certain cases. PSI Units: — The units enjoying benefits, whether by way of exemption or deferral, under the Package Scheme of Incentives may continue to enjoy the same.
However they will now have to effect their purchases by paying full tax and claim refund of such tax paid on their purchases. There are no concessional forms, such as BC Forms, etc. Time limit: 3 years from the end of the year containing the said period.
Time limit: 4 years from the end of the year containing the said period. Time limit: 5 years from the end of the year containing the said period. Assessment of unregistered dealers: Where the Commissioner has reason to believe that a dealer is liable to pay tax in respect of any period, but has failed to apply for registration or has failed to apply for registration within the time as required, the Commissioner may, after giving the dealer a reasonable opportunity of being heard, proceed to assess, to the best of his judgment, where necessary, the amount of tax, if any, due from the dealer in respect of that period, and any period or periods subsequent thereto.
Time limit: 8 years from the end of the year containing the said period. Transaction wise Assessment: During the course of any proceedings under the Act if the prescribed authority is satisfied that the tax has been evaded or sought to be evaded or the tax liability has not been disclosed correctly or excess set-off has been claimed by any dealer or person in respect of any period or periods by not recording or recording in an incorrect manner, any transaction of sale or purchase, or that any claim has been incorrectly made, then in such a case notwithstanding that any notice for assessment has been issued under other provisions of this section or any other section of this Act, the prescribed authority may, after giving such dealer or person a notice in the prescribed form Form and a reasonable opportunity of being heard, initiate assessment of the dealer or person in respect of such transaction or claim.
Provided that the assessment under sub-section 5 shall be made separately in respect of the transaction or claim relating to the said period or periods to the best of the judgment of the prescribed authority where necessary and irrespective of any assessment made under this sub-section, the dealer may be assessed separately under the other provisions of this section in respect of the said period or periods.
Further provided that, once the dealer or person is assessed under this sub-section, no tax from such transaction or claim and penalty and interest, if any, consequent upon such tax shall be levied or demanded from such dealer or person, at the time of assessment to tax under the other provisions of this section in respect of the said period or periods relating to such transaction or claim.
This sub-section has been amended w. Further a limitation period for passing such a transaction wise assessment order is now prescribed i. Time limit: 6 years from the end of the year containing the said period. Fresh Assessment: To give effect of any findings or directions contained in any order including orders made by Tribunal, High Court or Supreme Court.
Time limit: 36 months from the date of communication of the order containing such finding or direction. Assessment in certain cases where Department has preferred appeal against any order passed by the Tribunal.
Commissioner may issue necessary directions for guidance of assessing authority in any case of pending assessment, on the basis of an application made by a dealer in this regard. This provision is deleted w.
A dealer or person may be assessed under a single notice and by a single order of assessment in respect of more than one period covered by a return so long as all such periods are comprised in one financial year.
Further, due to amendment made to sub-section 10 of section 23, w. Cancellation of Assessment Order in certain cases: Where a dealer has been assessed under sub-sections 2 , 3 or 4 and he makes an application in the prescribed form Form to the Commissioner within thirty days of the date of service of the assessment order, for cancellation of the assessment order on the ground that he had not been able to attend or remain present before the assessing authority at the time of hearing when the assessment order had been passed, such an order may be cancelled and a fresh order shall be passed.
Application to cancel ex parte assessment order has to be disposed of by the concerned Sales Tax authority, by passing an order in writing, within a period of 3 months from the end of month in which application in Form is received, failing which said ex parte assessment order shall be deemed to have been cancelled.
The facility of applying in Form for cancellation of assessment order passed under sub-section 5 has also been permitted w. A fresh order, in pursuance to cancellation of order under sub-section 11 , to be passed within 18 months from the date of cancellation or the date of deemed cancellation, as the case may be, of such order. Rectification of Mistakes Section The Commissioner may, at any time within two years from the end of a financial year in which any order passed by him has been served, on his own motion, rectify any mistake apparent on the record, and shall within the said period or thereafter rectify any such mistake which has been brought to his notice within the said period two years , by any person affected by such order.
A dealer seeking rectification shall file an application in Form within two years from the end of financial year in which the said order has been served. Provided that, no such rectification shall be made if it has the effect of enhancing the tax or reducing the amount of a refund or interest payable on refund, unless the Commissioner has given notice in writing in the prescribed form to such person of his intention to do so and has allowed such person a reasonable opportunity of being heard.
An application for rectification shall not be rejected on the ground that there is no mistake apparent on record unless the person concerned has been given a reasonable opportunity of being heard. In cases, where dues have arisen due to non-production of Declaration Forms, due to any reason, at the time of passing an order, such orders can also be rectified on being an application made by the dealer within the aforesaid period of two years from the end of financial year in which the said order was served.
Provided that an appeal has not been preferred and only one such application can be entertained against such an order. All such appeals have to be submitted, in the prescribed manner, in prescribed form Form , after paying prescribed fees and within the permitted time limit of 60 days from the date of receipt of the order appealed against.
A dealer seeking stay against the order, shall submit an application, in Form , for grant of stay by the Appellate Authority. The Appellate Authority, after examining the matter and circumstances may stay the order appealed against either in full or part with such conditions or restrictions as it may deem necessary including a direction for depositing of a part or whole of the disputed amount by the appellant.
Otherwise all such fees so payable shall be paid into the Government Treasury in the same manner as taxes are being paid.
In challan Form No. On non-payment or late payment of tax by an unregistered dealer or dealer who have failed to apply for registration in time: Simple interest 1. Late payment of tax by registered dealer: Simple interest 1. In case of fresh or revised return, for any period, due date of original return shall be considered for differential dues if any.
Interest on differential dues on assessment of a registered dealer: Simple interest 1. After the commencement of: i Audit of the business of the dealer in respect of any period, or ii Inspection of the accounts, registers and documents pertaining to any period, kept at any place of business of the dealer, or iii Entry and search of any place of business or any other place where the dealer has kept his accounts, registers, documents pertaining to any period or stock of goods,.
In consequence of any intimation issued under sub-section 7 of section Note: There is no provision for remission of interest, and, no appeal shall lie against orders levying interest under sections 30 2 and 30 4. A dealer is entitled to receive interest on refunds due to him 0.
The dealer is also entitled to receive interest 0. It has further been provided that the decision of Commissioner of Sales Tax for exclusion of any period, while working out such refund, shall be final. Failure to apply for registration or carrying on business as a dealer without being registered in contravention of the provisions of this Act.
Can be imposed on a person or dealer while or after passing any order on Noticing or being brought to Notice. This penalty shall be without prejudice to any other penalty imposed under this Act.
Written order is must. No Order of Penalty under above provisions shall be passed in respect of any period after 8 years from the end of the year containing the said period. However, if due to some reasons, assessment is done after 8 years, penalty may be imposed while passing such assessment order. This requirement of prior approval is deleted w. Section 63 1 requires, every dealer, liable to pay tax under the MVAT Act, and any other dealer who is required to do so by the Commissioner, to maintain a true account of the value of goods sold or purchased by him.
Sections 63 2 and 3 empowers the Commissioner to give direction to any dealer or any class of dealers to maintain accounts and records in such form and in such manner, as may be directed by him in writing. Section 63 4 requires every dealer to keep all his accounts, registers and documents relating to his stock of goods, purchases, sales, delivery of goods and payments made or received towards purchase or sale of goods, at his place of business. Section 63 5 requires goods return claims to be made in the period month, quarter, six months in which appropriate entries are made in the books of account.
Rule 68 requires every registered dealer to preserve all books of account, registers and other documents pertaining to stocks, purchases, dispatches and delivery of goods and payments made towards sale or purchase of goods for a period of not less than eight years from the expiry of year to which they relate.
The report of such audit is required to be furnished in a prescribed format. The provisions contained in the Act and Rules in this regard are reproduced below for the attention of members. Form P. Aggregate of his turnover of sales and the value of goods transferred to any of his place of business or of his agent or principal situated outside the State, not by reason of sale, or.
Get his accounts in respect of such year audited by an Accountant, within the prescribed period from the end of that year, and furnish within that period a complete report of such audit, in the prescribed form, duly signed and verified by such accountant and setting forth such particulars and certificates as may be prescribed. Explanation: For the purposes of this section, "Accountant" means a Chartered Accountant within the meaning of the Chartered Accountants Act, or w.
Provided that the dealer fails to furnish such report within the aforesaid period but files it within one month of the end of the aforesaid period and the dealer proves to the satisfaction of the Commissioner that the delay was on account of factors beyond his control, then the Commissioner may condone the delay.
This proviso is deleted w. Explanation: Explanation-II w. Sub-section 2A inserted w. The report of audit under section 61 shall be in Form The report of the audit under section 61 shall be submitted electronically within nine months and fifteen days from the end of the year to which the report relates.
The dealer is required to submit "Statement of submission of Audit Report in Form " along with this statement, the dealer is also required to submit the following documents:. A copy duly signed by VAT auditor as well as dealer, of an acknowledgment generated after uploading of Form Part I of the Audit Report along with certification duly signed by the Auditor. If the dealer is covered by the provisions of section 2 8 as well as section 3, then it is immaterial whether the dealer has taken registration or not.
Thus even an unregistered dealer may also be liable to get his books of account audited. If all the three criteria discussed above are fulfilled then such a dealer shall get his books of account audited as per the provisions of section 61 and shall submit the report of audit accordingly.
Likewise 'Turnover of Sales' shall also include, apart from normal sales, any sale or disposal of capital assets, scraps etc. Clause 1 b of section 61, before its deletion, required every person, whether a dealer or not, holding Liquor Licence of any of the categories as described in i to v above to get his books of account audited. Thus all such persons were required to comply with the provisions of this section, irrespective of the amount of turnover of purchase or sales during a year.
Clause 1 c has been inserted, w. This clause is applicable for audit of accounts for financial year and onwards. Dealers liable to pay Tax: — [Sec. Registration [Sec. Category Periodicity 1. Thirty per cent 6 Construction of railway coaches or under carriages supplied by Railways Thirty per cent 7 Ship and boat building including construction of barges, ferries, tugs, trawlers and dragger Twenty per cent 8 Fixing of sanitary fittings for plumbing, drainage and the like Fifteen per cent 9 Painting and polishing Twenty per cent 10 Construction of bodies of motor vehicles and construction of trucks Twenty per cent 11 Laying of pipes Twenty per cent 12 Tyre retreading Forty per cent 13 Dyeing and printing of textiles Forty per cent 14 Annual Maintenance Contract Forty per cent 15 Any other works contract Twenty five per cent w.
Stage during which the developer enters into a contract with the purchaser Amount to be determined as value of goods involved in works contract 1 2 3 a Before issue of the Commencement Certificate.
Presence of Guilty Mind, necessary. Offences can be of Commission or Omission. Document includes a false bill, cash memorandum, voucher, declaration or certificate. Commissioner shall hold an enquiry. Notice of forfeiture shall be published for the information of the persons concerned. Notes: No Order of Penalty under above provisions shall be passed in respect of any period after 8 years from the end of the year containing the said period.
Maharashtra Value Added Tax. Fixing of marble slabs, polished granite stones and tiles other than mosaic tiles. Ship and boat building including construction of barges, ferries, tugs, trawlers and dragger.
Concealment OR Knowingly furnishing inaccurate particulars of transaction liable to tax OR Knowingly misclassified any transaction liable to tax OR Knowingly claiming excess set-off.
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