MAHARASHTRA STATE TAX ON PROFESSIONS, TRADES, CALLINGS AND EMPLOYMENTS ACT, 1975
FINANCE DEPARTMENT
Hutatma Rajguru Chowk, Madam Cama Road, Mantralaya, Mumbai – 400 032, dated the 19th October, 2012.
(M.G.G., Extraordinary No. 141, Part IV-B, at Page Nos. 5 to 7, dated the 19th October, 2012)
MAHARASHTRA STATE TAX ON PROFESSIONS, TRADES, CALLINGS AND EMPLOYMENTS ACT, 1975.
No. PFT.10l2/CR-60/Taxation-3 — Whereas, the Government of Maharashtra is satisfied that circumstances exist which render it necessary to take immediate action further to amend the Maharashtra State Tax on Professions, Trades,
Callings and Employments Rules, 1975 and to dispense with the condition
of previous publication thereof under the proviso to sub-section (3) of
section 27 of the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 (Hah. XVI of 1976),
Now, therefore, in exercise of the powers conferred by sub-sections
(1) and (2) read with the proviso to sub-section (3) of section 27 of
the Maharashtra State Tax on Professions, Trades, Callings and
employments Act, 1975, and of all other powers enabling it in this
behalf, the Government of Maharashtra hereby, makes the following rules,
further to amend the Maharashtra State Tax on Professions, Trades, Callings and Employments Rules, 1975, namely:-
Circular of Commissioner for filing Form C, D, G, H, I, J1 and J2 by non audit dealers
This circular is for dealers who are not required to submit VAT Audit report. Hence extended date of filing VAT return may not be applicable to dealers required to submit VAT Audit Report.
TRADE
CIRCULAR
Date:
27.02.2012
No.VAT
/AMD-2011/lB/Adm-6
Trade Cir. No. 3T of
2012
Sub:
|
Submission of certain
annexures by the dealers who are not required to file Audit Report in Form 704.
|
Ref:
|
(1) Notification No.
VAT-1511/CR-138/Taxation-l dated 5th
December 2011.
(2)
Notification No.
VAT-AMD-2011/IB/Adm-6, Mumbai dated 4th February
2012.
|
Gentlemen/Sir/Madam,
1. As per the
provisions of section 61 of MVAT Act, 2002 the dealers covered under this
section are liable to submit Audit Report in Form 704. Alongwith
Form 704, details of the customer-wise sales and customer-wise purchases are
also submitted in annexure Jl and J2 with other requisite details.
However, for the dealers who are not required to file Audit Report in Form 704
there was no provision to seek the information about the customer-wise sales and
purchases and also other details. The information about the latter category of
dealers were not available with the department. As a result of
this, it was difficult to cross check the input tax credit in respect of the
dealers claiming refunds.
In order to
mitigate this problem and to ensure speedy processing of refund claims and to
expedite the cross check of input claims, it is felt necessary to prescribe
information similar to Form 704 for dealers not liable to file Audit Report.
Accordingly amendments have been made to rule 17 and rule
18.
Notification for TDS on MVAT
Notification specifies Class of Employers whether registered or not registered under MVAT Act who are required to deduct tax while making payment to contractors toward works contract executed by them. Notification also gives rate of tax to be deducted. No deduction shall be made where the amount or the aggregate of the amounts payable to a dealer by such employer is less than rupees 5 lakh during any year, except in case of co-operative housing society mentioned in Sr. No. 9.
NOTIFICATION
Commissioner of Sales Tax, Maharashtra State,Vikrikar Bhavan, Mazgaon, Mumbai, Dated the 29th August, 2005. Maharashtra Value Added Tax Act, 2002.
No.JC(HQ)1/VAT/2005/97 In exercise of the powers conferred by sub clause (i) of clause (b) of sub section(1) of section31 of the Maharashtra Value Added Tax Act, 2002 (Mah.IX of 2005), and in supersession of Notification, issued by the Commissioner of Sales Tax No.VAT1505/CR123/Taxation-1, dated the 1st April, 2005, Commissioner of Sales Tax, Maharashtra State, Mumbai, hereby, notifies the classes of employers specified in column (2) of the, Schedule appended hereto, to be the employers liable to deduct the tax or such amount of tax specified in column (3) of the said Schedule, from and out of the amount payable, excluding the amount of tax, if any, separately charged by the contractor, by the said employer to a dealer to whom a works contract has been awarded.
MVAT in case of Works Contract
MVAT/Sales Tax Payable on Works Contract carried out in Maharashtra.
(Works Contract VAT/Sales Tax in Maharasthra and calculating Works
Contract Sale Price)
Rule 58(1) Sale Price in case of any Work Contract, Rule 58(1A) Sale Price in case of Construction Contract,
Section 6 of Maharashtra Value Added Tax, 2002 empowers levy of sales-tax on the turnover of sales of goods specified in column (2) in Schedule B, C, D or, as the case may be, E, at the rates set out against each of them in column (3) of the respective Schedule.
Sales-tax/VAT is payable on turnover of sales.
Turnover of sale is aggregate amount of sale price. Determine of Sale
price is important issue in Works Contract; as, only transfer of
property in goods can be subject to sales-tax/MVAT and not any other
contents of cost such as labour. State Governments have constitutional
power to levy sales-tax only on transfer of property in goods.
Determining Sale price in case of Works-Contract has been riddle with
confusing, controversies and subject to litigation. To reduce these
issues Rule 58 of MVAT Rules describes how Sale Price and Purchase Price
in case of Works-Contract is to be determined.
Rule 58(1) Sale Price in case of any Contract:
the value of the goods at the time of the transfer of property in the
goods (whether as goods or in some other form) involved in the execution
of a works contract may be determined by effecting the following deductions from the value of the entire contract, in so far as the amounts relating to the deduction pertain to the said works contract:-
VAT Trade Cir – 7T of 2011
VAT Trade Cir – 7T of 2011 – Amendment to the Maharashtra Value Added Tax Act, 2002
TRADE CIRCULAR
No.VAT/AMD-1011/1A/ADM-6 ,
Trade Cir. No. 7T of 2011, Date: 04/05/2011
Sub: Amendment to the Maharashtra Value Added Tax Act, 2002.
Ref.: 1. Maharashtra Act No. XV of 2011 dated 21st April 2011.
2. Notification published in the Government Gazette, Extra ordinary Part-IV-B No.-53 dated 27th April 2011.
Gentlemen/Sir/Madam,
To give effect to the Budget proposals, a Bill (Legislative Assembly Bill No. XVII of 2011) to amend the Maharashtra Value Added Tax Act, 2002 was introduced in the Legislature. The said Bill has been passed by both the houses of the Legislature. The Act is now published in the Maharashtra Government Gazette dated 21st April 2011.
The salient features of the amendments are briefly explained below: