Trade Cir. No.18T of 2010
Sub: Amendment to Maharashtra Value Added Tax Rules, 2005.
Ref: Notification published in official gazette, extraordinary No. 74, part-IV-B dt. 30th April 2010.
Gentlemen / Sir/ Madam,
To give effect to announcement in the Budget Speech of Hon’ble Finance Minister for the year 2010-11, amendments have been made to the Maharashtra Value Added Tax Rules, 2005, published in the Official Gazette referred to above. These amendments have come into effect from 1st May 2010.
2. Amendment to Rule 17:
In sub-rule (4) of rule 17 in the sub-clause (i) of clause (a) and in clause (b), the words “twenty one days” have been substituted by the words “Thirty days.”
As per provisions of rule 41, the payment of tax is to be made on or before the date specified for submission of returns. Thus, the dealers required to file six monthly returns shall be required to make payment of tax as per returns within thirty days from the end of the six monthly periods instead of twenty one days.
However, as per instruction contained in Trade Circular No.l6T of 2008 dated 23.04.2008 and 31T of 2008 dt 8th September 2008, additional time of ten days from the due date is available for uploading the electronic return. For this the dealer may refer to the above Trade Circular. This facility will also continue to be available to the dealers who are permitted to make payment within 30 days.
This provision shall be applicable for the six monthly periods ending on 30th September 2010 and thereafter.
3. Amendment to rule 18:
Sub-rule (1) has been amended to substitute ‘end of quarter’ for the words “end of the six monthly periods”.
The effect of this amendment is that, the newly registered dealers under MVAT Act, 2002 shall be required to file quarterly returns from the date of event which makes him liable to pay tax to the end of the quarter containing the date of registration. He shall continue to file quarterly returns till the end of the year in which he is registered.
4. A new rule 55A:
A new rule 55A has been introduced in accordance with amended section 51(1) for allowing part refund. Modalities for working of same will be shortly provided.
5. A Form of intimation under section 63(7) has been introduced as ‘Form 604.”
6. This circular cannot be made use of for legal interpretation of provisions of law as it is clarificatory in nature. If any member of the trade has any doubt, he may refer the matter to this office for further clarification.
7. You are requested to bring contents of this circular to the notice of the members of your association.
Commissioner of Sales Tax
Maharashtra State, Mumbai