Madam Cama Road, Hutatma Rajguru Chowk,
Mantralaya, Mumbai 400 032, dated the 30th June 2017
MAHARASHTRA VALUE ADDED TAX ACT, 2002.
No.VAT-1517/CR-102/Taxation-1.-Whereas, the Government of Maharashtra is satisfied that circumstances 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) ;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) read with the proviso to sub-section (4) of section 83 of the said Act, and of all other powers enabling it in this behalf, the Government of Maharashtra hereby, makes the following rules further to amend the Maharashtra Value Added Tax Rules, 2005, namely :~~
1. (1) These rules may be called the Maharashtra Value Added Tax (Amendment) Rules, 2017.
(2) Save as otherwise provided in these rules, they shall come into force with effect from the 1st July 2017.
2. In rule 31 of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as, “the principal Rules”), in sub-rule (1) after clause (f), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 15th April 2017, namely :-
“(f-1) be accompanied by the challan for proof of having paid the required amount as per sub-section (6A) or, as the case may be, sub-section (6B) of section 26,”.
3. In rule 52A of the principal Rules, after sub-rule (2) the following sub-rule shall be inserted, namely : –
“(3) Contrary to the provisions of sub-rule (1) and sub-rule (2),for the period starting from the 1st April 2016 onwards,~~
(a) if the dealer has claimed set-off as per provisions of rule 52 and has adjusted against the tax liability of that period or has carried forward such set-off to the subsequent month or quarter or, as the case may be, subsequent financial year and
(b) has not claimed the refund of such excess set-off,
then, such dealer shall compute the set-off as per sub-rule (1) of this rule and the amount of set-off so adjusted in contrary to the provisions of sub-rule (1) or sub-rule (2) or the excess set-off so carried forward, if any, for those periods, shall be reversed in the return for the period ending on the 30th June 2017.”.
4. In rule 52B of the principal Rules, after the first proviso, the following proviso shall be added, namely:-
“Provided further that, the provisions of the sub-rule (3) of rule 52A shall apply mutatis mutandis to this rule.”.
5. In rule 53 of the principal Rules,-
(1) for sub-rule (5), the following sub-rule shall be substituted, namely :-
“(5) (a) If the business, in which the dealer is engaged is discontinued and is not transferred or, otherwise disposed of and is not continued by any other person, or, if the registration of a dealer is deemed to be cancelled as per the provision of sub-section (6A) of section 16 and is not revoked,
(b) if the dealer who is registered under the existing law on the date immediately preceding the date of commencement of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017) (herein after in this sub-rule referred to as “Goods and Services Tax Act”) and whose registration is subsequently cancelled for the reasons as under~~
(i) not liable to be registered under the Goods and Services Tax Act, or,
(ii) not enrolled on Common Portal as notified under the Goods and Services Tax Act, or,
(iii) not submitted an application duly signed, along with the information and documents specified in application, on Common Portal under the Goods and Services Tax Act,
(c) if the dealer who has not opted to pay tax under composition scheme provided as per section 42 or 43 during the previous year but opts for the composition scheme provided under the Goods and Services Tax Act,
then in such cases the set-off on the purchases (not being purchases treated as capital assets) corresponding to the goods held in stock as on the date immediately preceding the date of commencement of the Goods and Services Tax Act shall be disallowed and accordingly be reduced fully.”;
(2) in sub-rule (7B), for the words “If the claimant dealer is holding a license” the words, brackets and figure “Notwithstanding anything contained in sub-rule (6) of this rule, if the claimant dealer is holding a license” shall be substituted and shall be deemed to have been substituted with effect from the 31st October 2007.
6. In Form 310 appended to the principal Rules, for Sr. No. 9, the following shall be substituted and shall be deemed to have been substituted with effect from the 15th April 2017, namely :-
” 9 For the period from __________ to _______ the appellant has been assessed to tax, interest, penalty or fine under the Maharashtra Value Added Tax Act, 2002 and the details of amount in dispute against which this appeal has been preferred is as follows :—
|As admitted by the
|As disputed by the
|Interest u/s 30 (1)|
|Interest u/s 30 (2)|
|Interest u/s 30 (3)|
|Interest u/s 30 (4)|
|Amount forfeited u/s|
By order and in the name of the Governor of Maharashtra,
R. D. Bhagat,
Deputy Secretary to Government.