2 MVAT: Govt notifies Form 402A, 404A, 424A, 703, 703A,703B, 703C, 703D, 703E

The Maharashtra Government vide Notification No. VAT-1516/C.R. 64/Taxation-1.- dated 29th April, 2016 has amended the following rules of Maharashtra Value Added Tax Rules, 2005; The major highlights of the changes are as follows :

Rule 11 (Cancellation of registration application)

The effective date of cancellation of registration in case of fraud & misrepresentation shall be the date Commissioner deems fit after making inquiry.

Rule 40 (Tax deduction at source)

  • Every employer deducting tax at source shall file a return in e-Form 424 within 21 days from the end of the month in which tax is so remitted into the Government Treasury (tax amount to be remitted within 21 days from end of the month during for which tax is so deducted). Hitherto this return was required to be filed within 3 months of the end of the year to which the return relates.
  • Clause 1(e) has been inserted to provide that the principal contractor who desires to transfer the credit to the sub-contractor shall file a return in e-Form 424A & issue a certificate in e-Form 402A to the sub-contractor for transferring such credit. Such principal contractor shall maintain a separate account in e-Form 404 A for each year containing details of credit so transferred.
  • Where the Commissioner after conducting enquiry is satisfied that the contract is not a works contract, may grant the certificate in e-Form 411.

Rule 40A (Tax collection at source)

Every authority or agency issuing a tax collection certificate shall submit a return in e-FORM 423 within 21 days from the end of the month in which amount of sales tax is so collected. Earlier the return was to be filed within 3 months of the end of the year to which the return relates.

Rule 63 (Application under Advance Ruling)

This rule has been substituted with the following:

  • The application for advance ruling shall be made in e-Form 703 along with the prescribed fees (non-refundable) on the following questions, whether:

– a person, society, club or association or any firm or any branch or department of any firm, is a dealer or

– a person or dealer is required to be registered or

– any activity done to any goods amounts to manufacture or

– any transaction is a sale or purchase & if yes then what shall be the sale price or the purchase price or

– any person or dealer is liable to pay tax or if tax is payable then at what rate or

– set-off can be claimed on any particular transaction and if it can be claimed then what are the conditions and restrictions.

  • The concerned officer shall submit a report to the Commissioner or the Advance Ruling Authority in e-Form 703A. Further, the communication regarding acceptance of the application shall be in Form 703B.
  • The notice for giving reasonable opportunity of being heard before making rectification of order shall be in e-Form 703C. The date fixed for compliance shall not be earlier than 15 days from the date of service.
  • The application for rectification of mistake shall be made in e-Form 703D.
  • The notice for calling the record of any Advance Ruling issued shall be in Form

Rule 73 (Fees)

A fee of Rs. 2,000 (earlier Rs. 500) is payable while making an application under Advance Ruling.

FINANCE DEPARTMENT

Madam Cama Road, Hutatma Rajguru Chowk,

Mantralaya, Mumbai 400 032, dated the 29th April 2016.

NOTIFICATION

MAHARASHTRA VALUE ADDED TAX ACT, 2002.

No. VAT. 1516/CR 64/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), (2) and (3) 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 (Third Amendment) Rules, 2016.

(2) Except as otherwise provided in these rules it shall come into force with effect from the 26th April 2016.

2. In rule 11of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as “the principal Rules”), in sub-rule (4),for clause (b),the following clause shall be substituted, namely :—

“(b)(i) where the registration is to be cancelled under sub-clause (a) of the second proviso, the date of effect of the certificate of registration issued;

(ii) where the registration is to be cancelled under the sub-clause (b) of the second proviso, the date of effect shall be the date, as the Commissioner may deem fit after making such inquiry.”.

3. In rule 40 of the principal Rules,—

(1) in sub-rule (1),—

(a) in clause (d), for the words “three months of the end of the year to which the return relates” the words “twenty one days from the end of the month in which tax is so remitted as provided in clause (a)” shall be substituted;

(b) after the clause (d), the following clause shall be added, namely :—

“(e) The principal contractor, desiring to transfer the credit to the sub-contractor, as provided in clause (ii) of sub-section (4) of section 31, shall file a return in Form 424A electronically on the website. After filing of such return, the principal contractor shall issue a certificate in Form 402A to the sub-contractor for transferring such credit. Such principal contractor shall maintain a separate account in Form 404 A, for each year, containing details of credit, so transferred.”;

(2) in sub-rule (2), in clause (c), after the words “grant such certificate” the words and figures “in Form 411” shall be added.

4. In rule 40A of the principal Rules, in sub-rule (3), for the portion beginning with the words and figures ” shall file a return in FORM 423 ” and ending with the words ” to which the return relates ” the words and figures ” shall submit a return electronically on the website in FORM 423 within twenty one days from the end of the month in which amount of sales tax is so collected.” shall be substituted.

5. For rule 63 of the principal Rules, the following rule shall be substituted and shall be deemed to have been substituted with effect from 1st May 2016, namely :—

“63. (1) The application for the purposes of sub-section (1) of section 55 shall be made in Form 703 along with prescribed fees, by a person, to the Commissioner on the following questions, whether, for the purposes of this Act :

(a) such a person, society, club or association or any firm or any branch or department of any firm, is a dealer, or

(b) such a person or dealer is required to be registered, or

(c) any particular thing done to any goods amounts to or results in the manufacture of goods, within the meaning of that term, or

(d) any transaction is a sale or purchase, or where it is a sale or purchase, the sale price or the purchase price, as the case may be, thereof, or

(e) in the case of any person or dealer liable to pay tax, any tax is payable by such person or dealer in respect of any particular sale or purchase, or if tax is payable, the rate thereof, or

(f) set-off can be claimed on any particular transaction of purchase and if it can be claimed, what are the conditions and restrictions subject to which such set-off can be claimed.

(2) The fees paid under this rule shall not be refunded under any circumstances.

(3) For the purpose of clause (b) of sub-section (7) of section 55 of the Act, the concerned officer shall submit a report to the Commissioner or the Advance Ruling Authority in Form 703A.

(4) For the purpose of clause (c) of the sub-section (7) of section 55, the communication regarding acceptance of the application shall be in Form 703B.

(5) The notice for the purposes of first proviso to sub-section (13) of section 55 shall be in Form 703C. The date fixed for compliance therewith shall not be earlier than fifteen days from the date of service thereof.

(6) The application for rectification of mistake under sub-section (13) of section 55 shall be made in Form 703D.

(7) The notice for the purposes of clause (a) of sub-section (14) of section 55 shall be in Form 703E.

(8) For the purposes of this rule all the forms or notices may be uploaded or, as the case may be, issued electronically”.

6. In rule 73 of the principal Rules, in sub rule (2), in the Table, at serial No. 16, in column (3) for the words “Rs. Five hundred” the words “Rs. Two Thousand” shall be substituted.

7. In the Forms appended to the principal Rules,—

(1) after Form 402, the following Form shall be inserted, namely :—

“FORM 402A
[See Rule 40(1)]
Certificate for transfer of credit to be given to the sub-contractor under
sub-section(4) of section 31 of the Maharashtra Value Added Tax Act, 2002

(2) after Form 404, the following Form shall be inserted, namely:—

“FORM 404 A
[See rule 40(1)]
Register to be maintained by the Principal contractor who have transferred the credit under the Maharashtra Value Added Tax Act, 2002

(3) after Form 424, the following Form shall be inserted, namely :—

“FORM 424A
(See Rule 17A & 40)
Return showing transfer of Tax Deduction at Source credit to sub-contractor
under-section 31 of Maharashtra Value Added Tax Act, 2002

(4) for the Form 703 , the following forms shall be substituted, namely :—

“FORM 703
(See rule 63(1))
Application for Advance Ruling under section 55 of the Maharashtra Value Added Tax Act, 2002

FORM 703 A
[See rule 63(3)]
Report for Advance Ruling under clause (b) of sub-section (7) of section 55 of the Maharashtra
Value Added Tax Act, 2002

FORM 703 B
[See rule 63(4)]
Intimation for acceptance of application and notice for hearing under of clause (c) of the
sub-section (7) of section 55 of the Maharashtra Value Added Tax Act, 2002.

FORM 703 C
[See rule 63(5)]
Notice under the proviso of sub-section (13) of section 55 of the Maharashtra
Value Added Tax Act, 2002

FORM 703 D
[See rule 63(6)]
Application for the rectification of mistake under sub-section (13) of section 55 of the
Maharashtra Value Added Tax Act, 2002

FORM 703 E
[See rule 63(7)]
Notice to a person when it is proposed to pass an Order, which affects him adversely under
clause (a) of sub-section 14 of Section 55 of the Maharashtra Value Added Tax Act, 2002

Download New/Revised Form 402A, 404A, 424A, 703, 703A,703B, 703C, 703D, 703E

By order and in the name of the Governor of Maharashtra,

R. D. BHAGAT,
Deputy Secretary to Government.

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