MVAT articles

Sub-contract of Work awarded – No VAT liability on Main contractor

It is very common in works contracts for the main contractor who got the work awarded in his name to off-load the work to sub-contractor(s). The sub-contractor procures the materials, installs the materials as per the contractual terms & conditions and transfer of property in the materials take place between the sub-contractor and contrac...

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Revision of assessment order solely at the behest of A. G. Audit objections not sustainable

In a recent decision dated 08.10.2014, rendered in the case of M/s. Mahavir Traders v/s the State of Gujarat, the Gujarat Value Added Tax Tribunal has held that revision of assessment order solely at the behest of A. G. Audit objections is not sustainable. While striking down the revision order, the Tribunal held as under :...

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Dealer cannot be denied benefit due to cancellation of R.C. of other dealer, unless published in official gazette

Punjab & Haryana High Court in an older case namely Arjan Radio House vs Assessing Authority had held that a person’s registration certificate shall be deemed to have been cancelled w.e.f date of publication of the factum of cancellation in the official Gazette as a busy seller cannot be supposed to know whether the registratio...

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Registration under MVAT Act, 2002

INTRODUCTION OF MVAT ACT, 2002 ¨The Maharashtra Value Added Tax 2002 (Herein after called as MVAT Act) has replaced the Bombay Sales Tax Act, 1959 on & w. e. f. 1st April 2005 and now the sales tax is collected by the Maharashtra Government under MVAT Act, 2002. Up to 31st March 2005 the sales […]...

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Practical Approach to Interpretation of Schedule Entries Under MVAT Act

Agenda Provisions related to Schedule, Notifications and DDQ . General contents of Schedules and Important Notifications. Theories of interpretation of Schedule Entries. How to read and interpret Schedule Entry. Provisions regarding Schedule Entry / Notifications...

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Why is Maharashtra States Businessmen’s mood OFF? It’s due to issues of MVAT SETOFF.

Businessmen of Maharashtra State are facing a question, whether they should purchase goods from Maharashtra or not? It seems that due to provisions of MVAT Setoff carrying out business in Maharashtra has become difficult....

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India is My Country & Paying Other's Taxes is My Duty

Arjuna, all feels proud to be Indian. Growth of the nation is carried out from the taxes collected from the taxpayers. For financial growth of the nation it is necessary to pay taxes. Taxpayer will have to pay his own taxes simultaneously taxpayer is required to pay taxes of the person with whom transactions were incurred....

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Lease Rent Not Liable to Service Tax if Vat Is Charged

A. PERCEPTIVE OF TERMING IT AS SALE Article 366(29A)(c) of Constitution: Such delivery of goods on hire purchase or any system of payment on installment shall be deemed as “Sale of Goods” 2. Power to levy tax on sales is vested to State Governments under Entry 54 of List II and thus VAT has been […]...

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Recent Amendments In Maharashtra VAT, PT & Luxury Tax

PART 1: AMENDMENTS IN PROFESSION TAX New Rate schedule w.e.f. 01/07/2014 for employers paying salary Monthly Salary Rate Rs. 0 – 7,500 NIL Rs. 7,501-10,000 Rs.175 p.m. Above 10,000 Rs.200 p.m. (Rs.300 for Feb) Section 27(A)(e) substituted: Any person with Intellectual and Development Disabilities (mental retardation) specified in th...

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For MVAT Taxpayers No “Raksha” Only “Bandhan”

Arjuna, Raksha Bandhan means expressing love, strengthening relations between brothers and sisters. Elder should save the younger. But Sales Tax department has done opposite of this. The department instead of saving the dealer who follows the VAT laws brought Bandhan for the year 2011-12....

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July 2020