FINANCE DEPARTMENT
Madam Cama Marg, Hutatma Rajguru Chowk,
Mantralaya, Mumbai 400 032, dated 30th December 2015

NOTIFICATION

MAHARASHTRA VALUE ADDED TAX ACT, 2002.

No. VAT. 1515/CR-158/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 and 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, 2015.—

(2) They shall come into force on 1st January 2016.

2. In the Maharashtra Value Added Tax Rules, 2005, after rule 52A, the following rule shall be added namely :‑

“52B. Set-off in respect of certain goods covered under Schedule D of the Act :‑

Not with standing anything contained in rules 52, 53 and 54,‑

(1) If the claimant dealer has purchased goods covered under entries 13 and 14 of schedule D’ appended to the Act, then he shall be entitled to claim set-off in respect of the said goods only to the extent of aggregate of,

(a) the taxes paid or payable under the Central Sales Tax Act, 1956 on the inter-state resale of the corresponding goods, and

(b) the taxes paid on the purchases of said goods, if are resold locally under the Act.

(2) The set-off as determined under sub-rule (1) above in respect of the said goods shall be claimed only in the month in which corresponding sales of such goods is effected by the claimant dealer :

Provided that, nothing in this rule shall apply to the purchases of such goods which are sold in the course of export of goods out of the territory of India.”

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

R. D. BHAGAT,

Deputy Secretary to Government.

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Category : Goods and Services Tax (5337)
Type : Notifications (15398) Notifications/Circulars (30678)
Tags : MVAT (741)

0 responses to “MVAT: Set-off in respect of certain goods covered under Schedule D of Act ( Rule 52B)”

  1. Dhanaji says:

    In moth in which sale took place for stock transfer if transfers out of state you cannot claim set off against the same to that munch proportion

  2. satish chaudhari says:

    What about of stock transfer of goods covered under entries 13 and 14 of schedule D.

    can we claim the set-off on stock transfer after retention u/S 53

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