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Maharashtra Value Added Tax Rules, 2005
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Body 40. Tax Deduction At Source

(1) (a) Every employer who is required to deduct tax under clause (b) of sub-section (1) of section 31 shall within 21 days from the expiry of the month during which tax is so required to be deducted, remit the full amount of such tax due and deductible in chalan in Form MTR 6 into the Government Treasury irrespective of the actual amount of tax deducted by him, from such dealer;

(b) The employer required to remit tax, shall furnish a certificate in Form 402 in respect of the amount so remitted immediately after the deduction is made, to the dealer in respect of whom such deduction is made.

(c) Deleted.

(d) Any employer issuing a certificate as required by clause (b) shall maintain for each year a separate account in Form 404 showing the amount of tax deducted, certificate of tax deduction issued, and the particulars of remittances made to the Government treasury and shall file a return in Form 424 in an electronic form withintwenty one days from the end of the month in which tax is so remitted as provided in clause (a).

(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 404A, for each year, containing details of credit, so transferred.

(2)(a) The application for the purpose of sub-clause (ii) of clause (b) of sub-section (1) of section 31 shall be made in Form 410 to the registering authority having jurisdiction over the dealer.

(b) The application shall be accompanied by copies of the contract and other documents on the basis of which the claim is made.

(c) If the particulars and documents furnished by the dealer are correct and complete in all respects and after making such enquiry as may be deemed necessary, the Commissioner is satisfied that the contract under reference is not a works contract which involves transfer of property in goods (whether as goods or in some other form), he may, after giving the applicant a reasonable opportunity of being heard, grant such certificate in Form 411. A copy of such certificate shall be sent to the employer for whom the work is executed;

(2A) The principal contractor may claim the credit of an amount or sum paid into the Government Treasury by an employer, during the period starting on or after the 1st July 2017 and ending on the 31st December 2018, by filing a revised return,-

    (a) for the period ending on the 30th June 2017, or

    (b) if the business is discontinued or otherwise disposed of or has been transferred before the 30th June 2017, then for the period as specified in subrule (2) of rule 18,

subject to the following conditions :-

    (i) The principal contractor can take credit only if the employer has issued certificate in Form 402 on or before the 31st December 2018.

    (ii) Notwithstanding anything contained in clause (d) of sub-rule (1) of this rule, the employer shall file the return in Form 424 electronically on or before the 5th January 2019.

    (iii) The principal contractor shall file such revised return for the period specified in clause (a) or, as case may be, clause (b) on or before the 10th January 2019.

    (2B) The sub-contractor may claim the credit of an amount or sum transferred to him by the principal contractor, during the period starting on or after the 1st July 2017 and ending on the 31st December 2018, in accordance with the provisions of clause (ii) of sub-section (4) of section 31, by filing a revised return for the period ending on the 30th June 2017 on or before the 15th January 2019, subject to the following conditions :-

      (a) The sub-contractor can take credit only if the principal contractor has issued certificate in Form 402A on or before 10th January 2019.

      (b) The principal contractor shall file the return in Form 424A electronically on or before the 5th January 2019."

(3) Deleted.