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In exercise of the powers conferred by sub-section (5) of section 10 of the Maharashtra Value Added Tax Act. 2002 (Mah. IX of 2005), the Commissioner of Sales Tax, Maharashtra State, Mumbai, hereby amends the Notification No. Sr. D.C. (A and R)/PWR/ 1006/ 2/Adm-3, dated 6th October 2007 as follows, namely,
The Department of Trade and Taxes had framed the assessment of quarterly return filing dealers for the Tax period First Quarter 2012-13, on the basis of mismatch in the data filed by the dealers in Annexure 2A and 2B online. This assessment was framed on the basis of data as on 21/09/2012 at 09.00 pm.
Learned counsel for the petitioner submitted that the goods in question can be treated as parts or accessories of computer system or peripherals. As per clarification by the Commissioner also printer is a part of computer system and peripherals. The printer cannot be operated without inkjet cartridges or toner cartridges and thus the said items can certainly be treated as accessories to the printer.
The recent judgment of Bombay High Court in case of MCHI vs. State of Maharashtra has caused further hardship to genuine flat buyers. The Hon’ble Court has upheld the constitutional validity of the amendment made to definition of Sale. The Court has also upheld recent scheme of Maharashtra Govt. to levy VAT of 1% on agreement value of flat purchased or 5% of value of accretion made by the Developers over immovable property. The composition scheme of 1% is applicable in respect of agreement registered on or after 1st April 2010. However, set-off or deductions earlier claimed in respect of such agreements will have to be reversed.
Minerals like Granite, Limestone, etc are being extracted from mines by various corporates and others for use in the manufacture of other goods like cement etc for sale or otherwise. Though the mines may be owned by the corporates or may have been taken on long lease, the minerals lying below the surface belongs to the Government.
Rule 40A has been added to the Punjab Vat Rules, 2005 as per which Every taxable person shall pay annual processing fee of Rs. Eight Hundred only during the month of October alongwith the filing of quarterly return. This processing fee is in lieu of operation, maintenance and upgradation of such facilities and services as electronic issuance of statutory forms, e-filing of returns, e-payment of taxes and such other online and offline services being rendered or proposed to be rendered by the Excise and Taxation Department.
Value Added Tax made in first opening in France in 1954. At that time it was not a full VAT system, since it was restricted to manufacturers and whole-sellers. The retailers and agriculturist were kept beyond its purview.
The format of annexure is made available on website of the Maharashtra Sales Tax Department www.mahavat.gov.in under download banner. The filled yearwise annexure is to be attached with e-mail and to be sent on builderscell@gmail.com e-mail id.
The Promoters and Builders Association as well as MCHI have filed the Special Leave Petitions before Honble Supreme Court of India. The matter came for hearing before the Honble Apex court on 28th August 2012.
The Hon’ble Deputy CM and Finance Minister in his Budget Speech on 26th March 2012, declared to levy tax on the sales of Furnishing Cloth at the last point of sale. To give effect to this declaration, the Government has issued above referred 4 notifications. As a result of issuance of notifications cited at Ref. (3) and (4), the sales of the Furnishing Cloth notified under entry 101 of Schedule “C” of MVAT Act are taxable @ 5% with effect from tat September 2012.
