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The Opposition alleged that notification seeks to increase VAT on sugar and cloth material, while the items are covered under Central VAT Act. The Maharashtra Government’s notification to increase value added tax (VAT) by one per cent on 90 commodities including oilseeds, rice, and pulses and converting an Ordinance, which will further amend the Maharashtra VAT Act, has run into rough weather.
Further, the State Government has issued a corrigendum to the above notification and a circular to clarify that fabrics and sugar, as described in the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957, which were not chargeable to tax prior to the issuance of the subject notification, will continue to remain tax free.
As per the provisions of section 5 read with section 4 of the Maharashtra State Tax on Profession, Trade, Callings and Employments Act, 1975 (Profession Tax Act), every employer having employees on his establishment, whose salary (including all allowances) is more than the limit prescribed under the Profession Tax Act, is required to obtain registration certificate under Profession Tax Act (P.T.R.C.)
The Maharashtra Government has not taken a final decision on levying entertainment tax on the IPL, said the Chief Minister, Mr Ashok Chavan, on Wednesday while addressing the media on the eve of budget session. When it was pointed out that the State Cabinet said on January 20 that entertainment tax of up to 25 per cent would be imposed on the ticket sales of IPL and other one-day international cricket matches, Mr Chavan said no final decision was taken and the matter was still under consideration. Matches held in the municipal limits would attract 25 per cent tax while those outside the municipal limits would be levied 20 per cent tax.
In exercise of the powers conferred by sub-section (1) of Section 13 of the Central Sales Tax Act, 1956 (74 of 1956), the Central Government hereby makes the following further amendments in the Central Sales Tax (Registration and Turnover) Rules, 1957, namely: –
Government of Maharashtra has raised the rate of tax under Schedule ‘C’ of Maharashtra Value Added Tax Act, 2002 from 4 per cent to 5% on goods other than declared goods with effect from 1st April 2010. A notification to this effect has been issued as referred above. While issuing the notification, an inadvertent error had crept in, leading to inference that some fabrics & sugar would become taxable from 1st April 2010.
Section 62(5) of the PVAT Act 2005 provides for the precondition of deposit of 25% of total amount of tax, penalty and interest, if any before entertaining any appeal. Such condition was also imposed even on those appellant whose entire goods are detained by the department u/s 51 even if the value of such detained goods exceed the total amount of tax, penalty, interest. In such cases it results in burdening the assessee with another liability.
At present the entry 45 in Schedule-A provides NIL % of MVAT in respect of items covered under “The Additional Duties of Excise (Goods of Special Importance) Act, 1957. Fabric, being a tariff item is covered under Chapter 50 to Chapter 60 of the Central Excise Tariff Act and thus enjoys the exemption from MVAT from the whole of the VAT. The entry 45 reads as under:
In the notification No. VAT.1510/ CR.47taxation-1, dated 10th March 2010 published in Maharashtra Government Gazette, Extraordinary, Part IV-B, Number 47, dated 10th March 2010.
In exercise of the powers conferred by section 42 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) the Government of Maharashtra, hereby amends with effect from the 1st April 2010 the Government Notification, Finance Department No. VAT-1505/CR- 105/Taxation- l, dated the 1st June 2005, as follows, namely
