Amendments to the Composition Schemes under sec. 42 of MVAT Act with effect from the 1st April, 2016
FINANCE DEPARTMENT
Madam Cama Marg, Hutatma Rajguru Chowk,
Mantralaya Mumbai 400 032, dated 30th March 2016
NOTIFICATION
MAHARASHTRA VALUE ADDED TAX Act, 2002.
No. VAT. 1516/CR 51/Taxation-1.—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, with effect from the 1st April, 2016 amends the Government Notification, Finance Department, No. VAT. 1505/CR-105/Taxation-1, dated the 1st June 2005, as follows, namely :—
I. In the Schedule appended to the said notification,—
(1) in entry 1,-
(a) in column (4), for the portion beginning with the figures and words “5 per cent. of the turnover” and ending with the words “an unregister dealer”, the following shall be substituted, namely :—
“(i) 5 per cent. of the turnover of sales, referred to in column (3), in the case of a registered dealer, whose turnover of such sales, does not exceed rupees three crore in the previous year, to which the composition scheme is desired;
(ii) 8 per cent. of the turnover of sales, referred to in column (3), in the case of a registered dealer, whose turnover of such sales exceeds rupees three crore in the previous year, to which the composition scheme is desired;
(iii) 10 per cent. of the turnover of sales, referred to in column (3), in the case of an unregistered dealer.”;
(b) in column (5),—
(i) in condition (iii), for the words and brackets, “Joint Commissioner of Sales Tax (Registration) in case of the dealers in Mumbai and in other cases, to the Joint Commissioner of Sales Tax (VAT Administration) concerned” the words and brackets “Joint Commissioner of Sales Tax (VAT Administration) concerned or, the Joint Commissioner of Sales Tax of the concerned Nodal Division as the case may be” , shall be substituted;
(ii) after condition (vii), the following shall be added, namely :—
“(viii) The dealer who opts out or, as the case may be, ceases to be eligible for the composition scheme, may claim set-off in his first return to be uploaded as a non-composition dealer, after opting out of composition scheme on the purchases of goods which are held in stock on the date of opting out of the composition scheme and on which he had not claimed set-off earlier.
(ix) The dealer opting for the composition scheme under this notification shall reverse the set-off, claimed by him on the purchase of goods which are held in the stock on the date of opting for the composition scheme. Such amount of set-off shall be paid by him alongwith his first return of composition scheme, after opting for the composition scheme.”;
(2) in entry 2,-
(a) in column (4), for the word “including” at both the places, wherever it occurs, the word “excluding” shall be substituted;
(b) in column (5), in condition (iv), for the words and brackets, “Joint Commissioner of Sales Tax (Registration) in case of dealers in Mumbai and in other cases, to the Joint Commissioner of Sales Tax (VAT Administration) concerned” the words and brackets “Joint Commissioner of Sales Tax (VAT Administration) concerned or, the Joint Commissioner of Sales Tax of the concerned Nodal Division as the case may be”, shall be substituted;
(3) in entry 3, in column (5),—
(a) in condition (i), in clause (a), for the words ” fifty lakh” the words “one crore” shall be substituted;
(b) condition (vi) shall be deleted;
(4) in entry 4, in condition (iv), for the words and brackets, “Joint Commissioner of Sales Tax (Registration) in case of the dealers in Mumbai and in other cases, to the concerned Joint Commissioner of Sales Tax (VAT Administration)” the words and brackets “Joint Commissioner of Sales Tax (VAT Administration) concerned or, the Joint Commissioner of Sales Tax of the concerned Nodal Division as the case may be”, shall be substituted.
II. In Form 4A appended to the said notification, for the words “rupees fifty lakh” the words “rupees one crore” shall be substituted.
By order and in the name of the Governor of Maharashtra,
R. D. BHAGAT,
Deputy Secretary to Government.
