No.VAT 1512/CR-18/Taxation-1. – In exercise of the powers conferred by clause (a) of sub-section (4) of section 41 of the Maharashtra Value Added Tax Act, 2002 (Mat. IX of 2005) and in supersession of the Government Notification, Finance Department, No.VAT.1506/CR-135-A/ Taxation-1, dated the 30th November 2006, the Government of Maharashtra hereby, with effect from 1st March 2012, exempts from payment of tax in excess of five per cent of the turnover of sales, of motor spirits and petroleum products made by any of the oil companies mentioned in column (2) of the Schedule appended herewith, subject to the conditions and restrictions specified in column (3) of the said schedule, to any other oil company mentioned in the said list, namely :—

High Court ought not to have entertained the writ petitions filed under Article 226 of the Constitution. We say so for the reason, that, whether a sale originating in a State is an inter-state sale or not is essentially a question of fact to be determined by the authorities under the Act, since it involves the application of the provisions of Sections 3, 5, 6 and 9(i) of the Act to the facts established and hence, it will be a mixed question of law and fact. The facts requires to be brought to the notice of the Assessing Authority by the appellants and it is for the assessing authority to come to a conclusion, based on those facts whether a particular transaction is intra-state sales which is exigible to the taxes under the VAT Act or inter-state sales, as envisaged under Section 3 of the Act read with Section 6 of the charging provisions therein. It is after such adjudication, the matter can travel from one stage to the other as provided under the Act.

Section 6-A of the Central Sales Tax Act, 1956 contains the provisions relating to transfer of goods otherwise than by way of sale. The dealer effecting the transfer of goods to any other place of his business or agent or principal is required to prove the transaction as transfer of goods otherwise than by way of sale by providing the declaration issued by his branch/agent/principal situated in other State. The declaration to be furnished is Form ‘F’ as per Rule 12(5) of CST Rules, 1957.

LAST DATE FOR UPLOADING FORM 501 FOR PERIOD FROM 01/04/2008 TO 31/03/2009 IS 31/03/2012. If you have received more than one Acknowledgement of Audit Report in Form-704, then submit any one of them while doing physical submision

VAT Circular 4T of 2012 – Special measures for revival of sick/closed co-operative sugar factories in the state – Download Notification

States have asked centre for adequate compensation for their revenue loss due reduction in the Central Sales Tax -CST. Otherwise, the levy should be increased to the earlier rate of 4 per cent. Empowered Committee of the State Finance Minister in New Delhi also finalised a negative list of 35 services, which will notbe taxed under proposed Goods and Services Tax – GST regime.

These annexure are to be submitted electronically by all the dealers who are not required to submit the Audit Report in Form-704 as per provisions of section 61 of the MVAT Act, 2002. 2. These annexures are to be submitted alongwith the return for the month of March. In other words, in case of a dealer who is required to file return,——(a) Monthly.—shall submit the requisite annexures alongwith the last return for the said year i.e. alongwith the return for the month of March of that year.(b) Quarterly.—shall submit the requisite annexures alongwith the last return for the said year i.e. alongwith the return for the last quarter starting from 1st January and ending on 31st March of that year;

As per the provisions of section 61 of MVAT Act, 2002 the dealers covered under this section are liable to submit Audit Report in Form 704. Alongwith Form 704, details of the customer-wise sales and customer-wise purchases are also submitted in annexure Jl and J2 with other requisite details. However, for the dealers who are not required to file Audit Report in Form 704 there was no provision to seek the information about the customer-wise sales and purchases and also other details. The information about the latter category of dealers were not available with the department. As a result of this, it was difficult to cross check the input tax credit in respect of the dealers claiming refunds. In order to mitigate this problem and to ensure speedy processing of refund claims and to expedite the cross check of input claims, it is felt necessary to prescribe information similar to Form 704 for dealers not liable to file Audit Report. Accordingly amendments have been made to rule 17 and rule 18.

Whereas the Government of Maharashtra is satisfied that ircumstances 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).

SC held that So far as the special discount is concerned, all that the authorities have to look into whether as a matter of fact, the petitioner received only the sum originally charged less the discount. It is the look out of the traders to see that the trade increase and it is for that purpose the trade discount is given. Hence, a person may not be able to clearly prove as to why the special discount was given. But if there has been a consistent practice of giving special discount, that has to be accepted by the assessing authority. The Assessing Authority shall not reject the appellants’ claim for exemption of the amounts of trade discount solely on the ground that the discount amounts were not shown in the sale invoices.