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Mumbai, Dt. 04.05.2011 A Scheme for taxation of liquor was announced in the budget for 2011-12 by the Hon’ble Dy. Chief Minister. To give effect to this, amendments are made to the Maharashtra Value Added Tax Act, 2002 and Rules, 2005. The Scheme and the amendments are as follows:
Punjab & Haryana High Court in Bhushan Power & Steel Limited v State of Punjab & others has granted interim stay to the petitioners on the levy of entry tax u/s 3-A of Punjab Tax on Entry of Goods into Local areas Act 2000(hereinafter called as the Act), by considering it to be as ultra-vires of the State Government’s power to levy tax under the Constitution of India. Here the grounds on which stay has been granted are being discussed and an attempt has been made to make readers understand the order of the High Court in the said case.
As we know the Hon’ble Punjab & Haryana High Court has already stayed the levy of entry tax in Punjab in the case of M/s Bhushan Steel v State of Punjab case on 28-03-2011 and also in other similar writ petitions challenging the levy of entry tax in Punjab on 08-04-2011. But the interim stay were applicable only to the persons who have filed writ petitions and the relief regarding deferment from payment of entry tax was available only to the concerned persons who have filed writ petitions in the High court as a result it was giving rise to filing of more and more writ petitions on the similar issue resulting in multiplicity of litigation in the High Court.
Schedule I provides for exemption in respect of sales of aforesaid goods where such goods are purchased on or after the 1st May 2011. Schedule II provides for exemption in respect of sales of aforesaid goods which were purchased on or before the 30th April 2011.
The liquor covered by entry 1 2 and 3 of Schedule I) of the Maharashtra Value Added Tax Act 2002 are purchased from the registered dealers within State and tax is paid or has become payable on purchase of liquor at earlier stage.
These rules may be called the Maharashtra Value Added Tax (Third Amendment) Rules, 2011 and they shall come into force with effect from the date 1st May 2011. These rules amends rule 53 , 54, 55A and insert rule 60A after rule 60.
MAH. ACT NO XV OF 2011- Maharashtra Tax Laws (Levy, Amendmend and Validation) Act, 2011 with Date of effect Notification for provisions of certain sections. Maharashtra Value Added Tax Act Notifications – MAH. ACT NO XV OF 2011.
In exercise of the powers conferred by clause (c) of sub-section (2) of section 1 of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2011 (Mah. XV of 2011), the Government of Maharashtra hereby appoints the 1st May 2011 to be the date on which the provisions of sections 3 to 15, 16(1), (2) and (4), 17, 18, 19(2) and (3) and sections 20 and 21 of the said Act shall come into force.
Trouble for Kochi Tuskers Kerala never seems to end — a fresh row has broken out now between the franchise and Cochin Corporation over alleged tax evasion on ticket sales. Ahead of Wednesday night’s match, when the tickets were brought to the corporation for sealing, a new batch of tickets priced at Rs. 49 was […]
Various Notifications as per Budget Speech- 2011-12 VAT.1511/C.R. 54(1) to (6)/Taxation-1 dated 27th April 2011 In exercise of the powers conferred by entry 82 of SCHEDULE C appended to the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby with effect from the 1st May 2011, amends the Government Notification, Finance Department, No. VAT-1505/CR-119/ Taxation-1, dated the 1st April 2005, as follows, namely:‑ In the said notification, in entry 13, after the words “biogas plants” the following shall be inserted, namely :‑
