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 (hereinafter referred to as "the said Act"), 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 is, hereby, pleased to make the following rules further to amend the Maharashtra Value Added Tax Rules, 2005, namely:-
1. These rules may be called the Maharashtra Value Added Tax (Fourth Amendment) Rules, 2006.
2. In rule 8 of the Maharashtra Value Added Tax Rules, 2005 ( hereinafter in these rules referred to as "the principal rules" ),
(1) in sub-rule (1), -
(a) clause (c) shall be deleted;
(b) for clause (d), the following clause shall be substituted, namely:-
"(d) in the case of a dealer to whom sub-section (8) of section 3 applies, within sixty days of the date of succession to the business as provided in sub-section (1) of section 44 and within thirty days of the date of succession to the business as provided in sub-section (4) of section 44";
(a) clause (e) shall be deleted;
(2) in sub-rule (3),-
(a) the portion beginning with the words "except any" and ending with the figures "1998"shall be deleted;
(b) the first and second provisos shall be deleted;
(3) in sub-rule (7), for the words, brackets and figure "sub-rule(3)" the words, brackets and figure "sub-rule (4)" shall be substituted;
(4) in sub-rule (11), clause (a) shall be deleted;
(5) after sub-rule (11), the following shall be added, namely:-
"(12) A dealer or a person applying for registration, whether voluntarily or otherwise, shall submit his Permanent Account Number to the registering authority at the time of making the application alongwith proof of the same:
Provided that nothing in this sub-rule shall apply to the persons, bodies and entities specified in paragraphs (i), (ii), (iii), (iv) and (v) of the Explanation to clause (8) of section 2."
3. In rule 9 of the principal rules, in sub-rule (2), --
"(d) if it is made on account of incurring liability under sub-section (8) of section 3, it shall take effect from the date of succession if it is made.-
(i) within sixty days in case of succession of business as provided in sub-section (1) of section 44; and
(ii) within thirty days in case of succession of business as provided in sub-section (4) of section 44" ;
(c) clause (e) shall be deleted
4. Rule 10 of the principal rules shall be re-numbered as sub-rule (1) thereof; and after sub-rule (1) so re-numbered, the following sub-rule shall be added, namely:-
"(2) The registering authority shall on and after a date to be notified by the Commissioner for this purpose, issue to every registered dealer one hologram for each place of his business identifying the dealer as a registered dealer. The registered dealer shall securely affix and display the hologram at a prominent place near the entrance of his each place of business".
(3) The provisions of rule 12 of sub-rule (4) of rule 73 shall apply to the copies of the hologram as they apply to copies of certificates of registration".
5. In rule 11 of the principal rules,--
(1) in sub-rule (1), the words "or change of place of business to a different local area" shall be deleted;
(2) in sub-rule (3), in clause (a), the words "or the place of business has been changed to a different local area" shall be deleted;
(3) in sub-rule (4), the words 'or changed to a different local area" shall be deleted.
6. In rule 17 of the principal rules.--
(1) in sub-rule (2), after clause (b) the following clauses shall be added, namely:-
"(c) Where the dealer has obtained permission to file a separate return under rule 19 in respect of any place of business, other than the principal place of business, or, as the case may be, any constituent of his business, he shall file a separate return in respect of such place of business or such constituent of his business with the Government Treasury or, as the case may be, to the registering authority, appropriate to the said place of business or, as the case may be, the place where he is engaged in the said constituent business.
(d) where any amount of tax including interest or penalty is due as per a fresh or revised return, then the dealer shall first pay such amount in the Government Treasury. He shall attach a self attested copy of the chalan in respect the said payment with the fresh return or revised return which he shall file with the appropriate registering authority as per the provisions of clause (b) or, as the case may be clause (c)."
(2) For sub-rule (4), the following sub-rule shall be substituted, namely:-
"(4) Subject to the other provisions of this rule and of rule 18.-
(a) every registered dealer who is a retailer and who has opted for composition of tax under sub-section (l) of section 42 shall file a six monthly return within twenty-one days from the end of the period of six months to which the return relates;
(b) every registered dealer to whom clause (a) does not apply and,-
(i) whose tax liability during the previous year was Rs. 36000 or less or, as the case may be, who had no entitlement for refund, or
(ii) whose entitlement for refund during the previous year was Rs.36000 or less,
shall file a six-monthly return within twenty-one days from the end of the period of six months to which the return relates.
(c ) every registered dealer to whom clause (a) or (b) does not apply and, -
(i) whose tax liability during the previous year had exceeded Rs. 1 lakh or
(ii) whose entitlement for refund during the previous year had exceeded Rs.1 lakh,
shall file a monthly return within twenty-one days from the end of the month to which the return relates.
(d) any other registered dealer shall file a quarterly return within twenty one days from the end of the quarter to which the return relates.
Explanation I.- For the purposes of this rule, the expression "tax liability" in relation to a registered dealer means the total of all taxes payable by him in respect of all his places of business or, as the case may be, all the constituents of his business in the State under the Central Sales Tax Act, 1956 and Maharashtra Value Added Tax Act, 2002 , after adjustment of the amount of set-off or refund claimed by him, if any, under the respective Act.
Explanation II.- For the purposes of this rule the expression "entitlement for refund" in relation to a registered dealer means the net refund payable to him in respect of all his places of business, as the case may be, all the constituents of his business in the State under the Central Sales Tax Act, 1956 and Maharashtra Value Added Tax Act, 2002, after adjustment of the amount of set-off claimed by him against taxes payable under the said Acts.
Explanation III.- For the purposes of this rule, the first six monthly return shall be for the period starting on the 1st April and ending on the 30th September. The second six monthly return shall be for the period starting on the 1st October and ending on the 31st March."
Explanation IV.- Where a dealer is required under rule 18 to file quarterly returns in respect of his place of business for which he has obtained a Certificate of Entitlement and has also obtained a permission to file separate returns in respect of any other place of business or any other constituent of his business, then notwithstanding anything contained in this sub-rule, he shall file quarterly separate returns where he is required to file separate returns.
7. In rule 18 of the principal rules, in sub-rule (2),--
(a) the words "or the place of business is changed to a different local area" shall be deleted;
(b) for the words "transfer or change of place" the words "or transfer" shall be substituted.
8. For rule 19 of the principal rules, the following rule shall be substituted, namely:-
"19. Separate Return.-
(1) A dealer, may, at his option, make an application in Form 211 to obtain permission to submit separate returns in respect of the different constituents of his business or, as the case may be, different places of his business, to the Joint Commissioner of Sales Tax (Head Quarters) II, Maharashtra State, Mumbai".
9. In rule 20 of the principal rules, in sub-rule (2), for the words "turnover of sales and purchases, claim of set-off, amount of set-off carried forward and amount of set-off", the words "gross receipts, turnover of sales and turnover of purchases, claim of set-off, amount of excess credit carried forward and amount of excess credit" shall be substituted.
10. Rule 24 of the principal rules shall be re-numbered as sub-rule (1) thereof; and after sub-rule (1) so re-numbered, the following shall be added, namely:-
"(2) The application for cancellation of the assessment under sub-section (11) of section 23 shall be in Form 316."
11. For rule 39 of the principal rules, the following rule shall be substituted, namely:-
"39. Notices for the purposes of sub-section (10) of section 29. --
(1) Notice for the purpose of sub-section (10) of section 29 shall be in Form 412.
(2) Where an order of forfeiture is made, the Commissioner shall as soon as may be practicable, publish a notice in Form 420 in the Official Gazette for the information of the persons concerned."
12. in rule 40 of the principal rules, --
(1) in sub-rule (1),
(a) for clause (a), the following clause shall be substituted, namely:-
"(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 return-cum-chalan in form 405 into the Government Treasury irrespective of the actual amount of tax deducted by him, from such dealer";
(b) clause (c) shall be deleted;
(2) for sub-rule (2), the following shall be substituted, namely:-
"(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. A copy of such certificate shall be sent to the employer for whom the work is executed";
(3) sub-rule (3) shall be deleted.
13. In rule 41 of the principal rules, in sub-rule (1), after the words "for any other period", the words "or, as the case may be, a fresh or revised return in respect of any of the said periods" shall be inserted.
14. In rule 45 of the principal rules, --
(1) in sub-rule (1), for the words "or revised return" the words "or fresh or revised return" shall be substituted;
"(2) Notwithstanding anything contained in sub-rule (1), every payment of tax or interest or penalty or all of them not referred to in sub-rule (1) and every payment of amount forfeited, composition money, fees and fines imposed or as may be , every payment of amount forfeited, composition money, fees and fines imposed or as may be, every payment of tax interest or penalty due as per the fresh return or revised return." shall be accompanied by a chalan in Form 210. Every payment of amount of tax deducted at source under sub-rule (1) of rule 40 shall be in return-cum-chalan in Form 405."
(3) in sub-rule (6), for the words "The instalments shall be granted for an amount inclusive of the interest chargeable, on the amount of tax under instalment", the words "The instalment shall be for the cumulative amount of tax, interest and penalty as also interest to be paid on the amount of the said tax. The instalment order shall specify the amount of tax, interest or penalty which is to be paid and the date of payment and shall also specify the interest to be paid on the said amount of tax on the said date of payment." shall be substituted;
15. for rule 47 of the principal rules, the following rule shall be substituted, namely:-
"47. Form of intimation and application for the purposes of sub-section (6) of section 32.-
The intimation for the purpose of sub-section (6) of section 32 shall be sent in Form 418 and the application for refund for the purposes of the said sub-section shall be made in Form 413."
16. in rule 51 of the principal rules,--
(1) in sub-rule (1), for the words "While assessing the amount of tax", the following shall be substituted and shall deemed to have been substituted with effect from 1st April 2005, namely:-
"Notwithstanding anything contained in rules 53 and 54, while assessing the amount of tax";
(2) in sub-rule (2), --
(a) in clause (b), after the words "goods so resold" the following shall be added, namely:-
"or, as the case may be, the goods are subjected to a process enumerated in rule 3 of the Bombay Sales Tax Rules, 1959, as the rule stood immediately before the appointed day and the processed goods are sold on or before the 31st December 2005 or are used in the packing of goods so sold";
(b) after clause (c), the following Explanation shall be added and shall be deemed to have been added with effect from 1st April 2005, namely:-
"Explanation.- For the purposes of clause (b) and (c) the words "goods resold " will also include goods despatched outside the State, to any place within India, not by reason of sale, to the dealer's own place of business or of his agent and where the claimant dealer is a commission agent, to the place of his principal or are used in the packing of goods so dispatched. "
17. In rule 52 of the principal rules, in sub-rule (1) in clause (a),--
(a) for the words "sales tax" the word "tax" shall be substituted and shall be deemed to have been substituted with effect from the 1st April 2005;
(b) for the words "goods, the purchases of which are debited to the profit and loss account, trading goods, raw materials, parts, components, spares, packing materials and fuel" the words "goods the purchases of which are debited to the profit and loss account or, as the case may be, the trading account" shall be substituted and shall be deemed to have been substituted with effect from the 1st April 2005.
18. In rule 53 of the principal rules, --
(1) in sub-rule (2), in clause (a), the following Explanation shall be added and shall be deemed to have been added with effect from the 1st April 2005, namely:-
" Explanation .- For the purpose of this clause " manufactured tax free goods" will not include sugar or fabrics to which entry 45 of Schedule A applies and the said goods are sold in the course of export out of the territory of India and the export is covered by section 5 of the Central Sales Tax Act, 1956 or,"
(2) In sub-rule (3), the following shall be added and shall be deemed to have been added with effect from 1st April 2005, namely:-
"Explanation.- (a) If the taxable goods despatched outside the State are the goods covered by any entry in Schedule B, then an amount equal to one per cent. of the purchase price of the corresponding taxable goods, in so far as the corresponding taxable goods are covered by any entry in schedule B, shall be deducted from the amount of set-off otherwise available in respect of the said purchases;
(b) If the goods purchased are covered by the entry 29 of Schedule C and the said goods are dispatched outside the State in the same form in which they were purchased or, as the case may be, without doing anything to them which amounts or results in a manufacture, then the purchase price for the purposes of this sub-rule shall mean the actual purchase price as it appears in the books of account and not the maximum retail price printed on the package containing the said goods.
provided that the deduction provided in this sub-rule shall not apply if the goods dispatched are brought back to the State within six months of the date of dispatch whether after processing or otherwise " ;
(3) in sub-rule (4), for the portion beginning with the words "the corresponding amount" and ending with the words and figures "the fraction 16/25", the following shall be substituted, namely:-
"the corresponding amount of set-off other than the set-off pertaining to purchases of capital assets and set-off pertaining to goods in which property is not transferred shall be reduced and the set-off shall be allowed and calculated, --
(a) by multiplying the said amount of set-off by the fraction 16/25 where the dealer has opted to pay tax @ 8% on the total contract value, and
(b) in respect of periods starting on or after 21st June 2006 by reducing from the amount of set-off a sum equal to 4% of the purchase price on which such set-off is calculated where the dealer has opted to pay tax @ 5% on the total contract value in the case of construction contracts.";
(4) for sub-rule (6), the following sub-rule shall be substituted, namely:-
"(6) If out of the gross receipts of a dealer in any year, receipts on account of sale are less than fifty per cent. of the total receipts, then the dealer shall be entitled to claim set-off only on those purchases effected in that year where the corresponding goods are sold within six months of the date of purchase or are consigned within the said period, not by way of sale to another State, to oneself or one's agent or purchases of packing materials used for packing of such goods sold or consigned and in the case of Hotels, clubs purchases of capital assets and consumables pertaining to the Kitchens and services of food and drinks (whether alcoholic or not ).
Explanation.- For the purposes of this sub-rule, "receipts" means the receipts pertaining to all activities including business activities carried out in the State but does not include the amount representing the value of the goods consigned not by way of sale to another State to oneself or one's agent.
(5) in sub-rule (7), the following Explanation shall be added, namely:--
"Explanation.- For the purposes of this sub-rule the expression "the actual sale price" shall mean sale price exclusive of the element of tax where tax is charged separately and where tax is not charged separately, the price arrived at by applying sub-rule (1) of rule 57";
(6) after sub-rule (7), the following sub-rule shall be inserted, namely:-
"(7A) If the claimant dealer has purchased office equipment, furniture or fixtures and has treated them as capital assets and he is not engaged in the business of transferring the right to use these goods (whether or not for a specified period) for any purpose, then the corresponding amount of set-off to which he is otherwise entitled shall be reduced by an amount equal to 4% of the purchase price on which such set-off is calculated and the balance shall be allowed."
19. in rule 54 of the principal rules, --
(1) in clause (a), for the brackets and words "(not being goods vehicles)" the words "(being passenger vehicles)" shall be substituted;
(2) for clauses (f) (g) (h) and (i), the following clauses shall be substituted, namely:-
"(f) any purchase of goods of incorporeal or intangible nature other than,
(i) import licence, export permit or licence or quota, credit of duty entitlement pass book, SIM cards;
(ii) software in the hands of a dealer who is trading in software;
(iii) Copyright which is resold within twelve months of the date of purchase.
(g) purchases effected by the employer by way of works contract when the contract results in immovable property other than plant and machinery;
(h) purchases of any goods by a dealer, the property in which is not transferred [whether as goods or in some other form] to any other person, which are used in the erection of immovable property other than plant and machinery ;
(i) purchases of Indian Made Foreign Liquor or of country Liquor if the dealer has opted for composition under sub-section (2) of section 42,
(3) after clause (i) the following clauses shall be added, namely:--
"(j) purchases made of mandap, tarpaulin, pandal, shamiana, decoration of such mandap, pandal or shamiana, and furniture, fixtures, lights and light fittings, floor coverings, utensils and other articles ordinarily used alongwith a mandap, pandal or shamiana if the purchasing dealer has opted for composition of tax under sub-section (4) of section 42.
(k) purchases made on or after 1st April 2005 by a hotelier, which are treated by him as capital assets and which do not pertain to the supply by way of or as part of service or in any other manner whatsoever of goods, being food or any other article for human consumption or any drink [whether or not intoxicating ] where such supply or service is made or given for cash, deferred payment or other valuable consideration".
20. In rule 55 of the principal rules, --
(a) for clause (a), the following clause shall be substituted, namely:--
" (a) unless the goods are purchased or entry is effected after the 1st April of the year in which the dealer has obtained registration, and the goods are treated as capital assets by the dealer or, as the case may be, have not been used, consumed, sold or disposed off before the date of registration or as the case may be, the dealer was a registered dealer under the Act at the time of such purchase or entry";
(b) in clause (b), in sub-clause (i), in paragraph (E), for the words "the amount of sales tax", the words "the amount of tax" shall be substituted.
(2) for sub-rule (3), the following sub-rule shall be substituted, namely:-
"(3)(a) Where a dealer has filed a return in respect of any period contained in a year, then he may, subject to the other provisions of these rules, adjust the aggregate of
(i) any payment made in respect of the said period before filing of the said return,
(ii) the total value of the tax deduction certificates received by him in that period, and
(iii) the amount adjustable by way of refund adjustment order issued in respect of that period.
(A) against the tax payable according to the said return, or
(B) against the tax payable according to the return for the said period filed by him under the Central Sales Tax Act, 1956, or
(C ) against the tax payable according to the return which may be due or may become due under the Maharashtra Tax on Entry of Goods into Local Areas Act, 2003.
(b) If after making adjustment, if any, as provided in clause (a), there be any excess, then the dealer may claim refund of the excess or part of excess in accordance with the rules, or carry forward the same for adjustment towards the tax payable as per the returns to be filed for any subsequent period contained in the said year under the Maharsthra Value Added Tax Act, 200 , the Central Sales Tax Act, 1956 or the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2003.
(3) after sub-rule (6), the following sub-rule shall be added and shall be deemed to have been added with effect from 1st April 2005, namely:-
"(7) Where a registered dealer liable to pay tax under this Act,
(i) dies and the business in which the dealer was engaged is continued after his death, by any person or persons,
(ii) transfers or otherwise disposes of his business in whole or in part or effects any change in the ownership thereof, in consequence of which he is succeeded in the business or part thereof, by any other person,
then the person succeeding shall be entitled to take credit of any set-off that is carried forward, if any, at the time of the said death, transfer, disposal or change".
21. in rule 57 of the principal rules, --
(1) in sub-rule (1), for the existing formula, the following shall be substituted with effect from 1st April 2005, namely:-
"Amount of deduction = SP x [R / 100+R ]
Where R = the rate of tax applicable to the sale of goods and
SP = the sale price of the goods";
(2) in sub-rule (2),
(a) after the words "any resale of goods made", the words "on or" shall be inserted;
(b) in clause (b),
(i) after the words "claimant dealer", the words "on or" shall be inserted;
(ii) the following proviso shall be inserted, namely:-
"Provided that no deduction as aforesaid shall be granted, if the purchases are not supported by a tax invoice or bill as provided in sub-rule (2A) of rule 77".
22. In rule 58 of the principal rules, in sub-rule (1),--
(1) in clause (a) the words "where the labour and service done in relation to the goods is subsequent to the said transfer of property" shall be deleted,
(2) in the TABLE for entry 14, the following entries shall be substituted, and shall be deemed to have been substituted with effect from 1st April 2006, namely:-
(3) for the words "The percentage is to be applied after first deducting from the total contract price, the amounts paid by way of price for the entire sub-contract to sub-contractors, if any" the following shall be substituted and shall be deemed to have been substituted , with effect from 1st April 2005, namely:-
"*Note : The percentage is to be applied after first deducting from the total contract price, the quantum of price on which tax is paid by the sub-contractor, if any, and the quantum of tax separately charged by the contractor if the contract provides for separate charging of tax."
23. For rule 60 of the principal rules, the following rule shall be substituted, namely:-
"60 Grant of Refund.-
(1) Application for refund under section 51 shall be made in Form 501.
(2) When the Commissioner is satisfied that a refund is due, he shall pass an order in Form 502, showing the amount of refund due and shall communicate the same to the dealer.
(3) When an order for refund has been made under any rule, the Commissioner shall, if the applicant desires payment in cash, issue to him a refund payment order either in Form 503 or, in form, 504. If the dealer desires adjustment of refund, against tax payable in respect of any subsequent period contained in the year to which the refund relates under this Act, the Central Sales Tax Act, 1956, or the Maharashtra Tax on Entry of Goods into Local Areas Act, 2003, the Commissioner shall issue a Refund Adjustment Order in Form 506".
24. For rule 61 of the principal rules, the following rule shall be substituted, namely:-
"61 Bank Guarantee.-
The Bank Guarantee shall be obtained from any branch of a bank notified as a Government Treasury. The maximum period for a Bank Guarantee shall be of 36 months. It shall be furnished to respective Joint Commissioner in charge of grant of refunds. The Bank Guarantee shall be for such amounts and such periods as the Commissioner may by public notice notify from time to time".
25. In rule 73 of the principal rules, in sub-rule (2) , in the TABLE ,--
(1) in entry (3), in clause (B), in column (3), for the letters and words "Rs. One hundred", the letters and words "Rs. Five hundred" shall be substituted;
(2) for entry 23, the following entry shall be substituted, namely:-
"23. Application for furnishing separate returns under section 20(3) Nil"
26. In rule 74 of the principal rules, in sub-rule (1), in clause (a), for the word "or", the words and figures "under rule 50 of the Income Tax Rules, 1962, or" shall be substituted.
27. In rule 77 of the principal rules, after sub-rule (2), the following sub-rule shall be inserted, namely:-
"(2A) Where the tax invoice or as the case may be, bill or cash memorandum is issued in respect of resale of goods which are manufactured by a dealer, whose sales are exempted from payment of tax under entry (1) or entry (2) of the Schedule appended to the Government Order, Finance Department, No. VAT-1505/CR-122/Taxation - 1, dated 1st April 2005, the said tax invoice or as the case may be, bill or cash memorandum shall, in addition to the certificate referred to in sub-rule (1) or, as the case may be, sub-rule (3), contain a declaration as follows, namely:-
"I/We hereby declare that the first sale of the goods sold under this tax invoice / bill/ cash memorandum is exempted from whole of tax in the hands of the manufacturer under entry (1) or entry (2) of the Schedule appended to the Government Order, Finance Department No. VAT-1505/CR-122/Taxation - 1, dated 1st April 2005" .
28. In rule 78 of the principal rules, in sub-rule (2), --
(1) for clause (b), the following clause shall be substituted and shall be deemed to have been substituted with effect from 1st April, 2005, namely:-
"(b) a sum equal to the amount of Central Sales Tax that would have been payable to the Government by the said dealer on his turnover of inter-State sales of goods manufactured by the said dealer in the eligible unit and specified in the Eligibility Certificate, if the said dealer was not holding the said Certificate of Entitlement";
(2) after Explanation IV, the following Explanation shall be added and shall be deemed to have been added with effect from 1st April, 2005, namely:-
"Explanation V.-- For the purposes of calculation of Cumulative Quantum of Benefits under the 1988 Package Scheme of Incentives and the 1993 Package Scheme of Incentives, the expression "goods manufactured", shall be deemed to include Credit of Duty Entitlement Pass Book which is earned by the said dealer by exporting out of the territory of India, the goods manufactured in the eligible unit".
29. In rule 79 of the principal rules,
" (1) in sub-rule (1), after the words, "Package Scheme of Incentive", the words and figures "except the New Package Scheme of Incentives for Tourism Projects - 1999" shall be inserted and shall be deemed to have been inserted with effect from 1st April 2005;
(2) for sub-rule (2), the following shall be substitued and shall be deemed to have been substitued with effect from 1st April 2005, namely :-
" if the unit is holding an Entitlement Certificate for exemption from payment of tax under the 1979, 1983, 1988 or 1993 Package Scheme of Incentive or, as the case may be under the Power Generation Promotion Policy 1998, then , it shall also be entitled to claim refund of tax equal in amount to four percent of purchase price ,--
(i) of any taxable goods purchased by it and used as fuel.
(ii) of any taxable goods [other than those used by it as fuel] and used in the manufacture of tax free goods , and
(iii) of any taxable goods manufactured by the said unit other than the purchase price to which clause (i) or (ii) applies, and used in the manufacture of taxable goods when such manufactured goods are dispatched by the said unit outside the State, not by way of sale to its own place of business or to its agent.
Provided that, if the goods purchased are covered by any entry in schedule B, then the refund of tax shall be calculated at the rate of one percent of the purchase price of goods ".
(3) sub-rule (3) shall be deleted ;
(4) in sub-rule (4), after the words, "Entitlement Certificate", the words and figures "except the unit holding Entitlement Certificate under the New Package Scheme of Incentives for Tourism Projects - 1999" shall be inserted and shall be deemed to have been inserted with effect from 1St April 2005;
30. In rule 80 of the principal rules,
(1) in clause (a), for the words "and packing materials which are used in the packing of manufactured products ", the words "of any goods including newspapers and packing materials used in the packing of the said goods" shall be substituted and shall be deemed to have been substituted with effect from 1st April 2005.
(2) after clause (b), the following shall be added and shall be deemed to have been added, with effect from 1st April 2005, namely:-
"(c) the expression "manufacture" or its cognate expression when used in respect of units certified by SICOM, or the Directorate of Industries, or as the case may be, the District Industries Centre shall include the following processes:-
(i) Ginning of seed cotton in order to separate seed and cotton lint;
(ii) conversion of ginned cotton to baled cotton;
(iii) preparing butter from cream ;
(iv) preparing ghee from butter."
31. In rule 81 of the principal rules,
(1) in sub-rule (2),--
(a) for clauses (f) and (g) , the following clauses shall be substituted, namely:-
"(f) The Eligible Industrial Unit shall file returns covering all the sales and purchases relating to the said unit for the period and by the dates prescribed with each of the registering authorities having jurisdiction over each of the respective place of business of the dealer in respect of which he holds a Certificate of Entitlement under any Package Scheme of Incentives except the Power Generation Promotion Policy, 1998.
(g) The Eligible Industrial Unit shall file a return covering the sales and purchases pertaining to the deferment of tax by the said unit and shall file a separate return for other transactions of sale and purchase not pertaining to deferment of tax";
(2) after sub-rule (2), the following sub-rule shall be added, namely:-
"(3) The provisions contained in clauses (f) and (g) of sub-rule (2) shall mutatis mutandis apply to a unit entitled to avail sales tax incentives by way of exemption from payment of tax."
32. in rule 84 of the principal rules, for the existing Table, the following Table shall be substituted and shall be deemed to have been substituted with effect from 1St April 2005, namely:-
T A B L E
33. In rule 87 of the principal rules,
(1) in sub-rule (1), after clause (c), the following shall be added, namely:-
"(d) by sending a scanned copy of the order or notice by e-mail".
(e) by sending a copy of the order or notice by a courier agency appointed by Commissioner for this purpose."
(2) in sub-rule (2) , for the words, "When the officer" the words, "When the officer or person" shall be substituted.
34. In rule 88 of the principal rules, after sub-rule (3) the following sub-rule shall be added, namely:-
"(4) The rate of interest for the purposes of clause (b) of sub-section (6) of section 51 shall be one and a quarter per cent of the amount of excess refund which is to be recovered, for each month or part thereof ".
35. For Form 101 appended to the Principal rules, the following Form shall be substituted, namely:-
"Form 101
(See Rule 8 of MVAT Rules , 2005)
Application form for Registration under section 16 of the Maharashtra Value Added Tax Act, 2002
(Please read the instructions carefully before filling the application form)
INSTRUCTIONS
1. The application form must be filled in English in block letters and numerals.
2. The application form will not be accepted if it is not complete in all respects and the required documents are not submitted along with the application.
3. Black ballpoint pen should be used to fill in the form.
4. No field should be left blank. If the field is not applicable please write N. A.
5. Wherever boxes are provided, only one letter should be written in each box. One box should be left blank between two words.
6. Wherever the space provided for a particular field is not sufficient, the dealer should photocopy the relevant page, fill-in the required information and attach the filled in photocopy along with the application.
7. Income Tax Permanent Account Number (PAN) of the business is a mandatory requirement before applying for all types of registration. In addition when the application is applying for voluntary registration the applicant should have the details of bank current account number and introduction. [see item no. 6(a)]
8. The application may be obtained from the sales tax office or can be photocopied, printed or can be downloaded from the web-site of the department. [www.vat.maharashtra.gov.in]
Only font of size "11" should be used. The print out of the application should be in 'Black' ink only. The form should be printed on good quality A4 size paper on one side only. The format of the document must not be changed.
9. This application can be submitted by any person. However, for attestation of photograph before the registering authority, the signatory to the application should be present.
10. Depending upon the constitution of the dealer, the application should be signed:
In case, application is signed by an authorized person, etc., the necessary proofs regarding appointment of the authorized person and form 105 should be furnished.
11. The application for Registration Certificate on grounds other than Voluntray Registration Scheme should be submitted within 30 days from the date of the event making the dealer liable for registration. The application for Registration Certificate on account of transfer of business due to death of the dealer should be submitted within 60 days. In case the application is in time, the Registration Certificate shall be granted from the date of the said event. If the application is made late the Registration Certificate shall be granted from the date of application. The Registration Certificate under Voluntray Registration Scheme shall be granted from the date of application, if the application is complete, valid and supported by all documents.
12. Composition scheme: In case the applicant desires to opt for a composition scheme, then the relevant form,as may be applicable to specified categories of dealers, should also be furnished along with this application.(form no. 1,2,3,4 and 5)
13. In case of application for Registration Certificate on grounds of change in constitution or transfer of business , the application in form 103 for the cancellation of the Registration Certificate of earlier business should also be submitted along with the original Registration Certificates of earlier business.
14. The Maharashtra Value Added Tax Act, 2002, Rules, notifications, forms and all the trade circulars issued by the department are available on the official web site of the department www.vat.maharashtra.gov.in
Documents to be furnished along with the application.
(Note: Copies of documents must be self-attested and the originals should be submitted for verification)
A. IN CASE OF FRESH REGISTRATION :
1. Proof of constitution of business (as applicable)
(Registered or unregistered)
2. Proof of permanent residential address 1(Please provide at least 2 documents out of the following documents containing the name and present address). 2
i. Copy of ration card
ii. Copy of passport
iii. Copy of driving licence
iv. Copy of election photo identity card
v. Copy of property card or latest receipt of property tax of Municipal corporation / Council / Grampanchyat as the case may be.
vi. Copy of latest paid electricity bill in the name of the applicant.
3. Proof of place of business
4. One latest passport size photograph of the applicant ** (Please do not paste the photo on the application.)
5. Copy of Income Tax Assessment Order having PAN or copy of PAN card.
6. Chalan in Form No. 210 (Original) showing payment of registration fee at Rs.5000/in case of voluntary RC and Rs. 500/ in other cases.
B. REGISTRATION IN CASE OF CHANGE IN CONSTITUTION OF THE DEALER
1. Proof of change in constitution (e.g. if proprietary concern converted to partnership firm then copy of Partnership deed etc.).
2. Copy of latest return-cum-challan.
3. Chalan in original showing payment of registration fee.
4. PAN of new firm.
5. Proof of permanent residential address as specified at sr. no. 2
C. REGISRATION IN CASE OF TRANSFER OF BUSINESS:
1. All documents from 1 to 6 given in 'A'.
2. Copy of transfer deed.
3. Copy of latest return-cum-chalan of the original dealer.
Please attach a leaf of cancelled cheque, as proof of bank account for all types of registrations.
_____________________________________________________________________________________
* In case of partnership firm, proof of residence has to be provided for all partners and in case of body corporate, proof of residence of signatory to application should be provided.
# In case of corporate bodies, the details of place of residence and PAN, etc. shall be required to be furnished only for the signatory to the application.
**In case of partnership firm, photograph of only applicant partner needs to be submitted.
Please attach a leaf of cancelled cheque, as proof of bank account for all types of registrations. **
"FORM - 101
(See rule 8)
Application for Registration under section 16 of The Maharashtra Value Added Tax Act, 2002.
To
____________________________
I hereby apply for grant of registration under section 16 of The Maharashtra Value Added Tax Act, 2002.
1. (a) Income Tax Permanent Account Number (PAN) of business.
2. Name of the Business (in block letters)
3. Constitution [(Please Tick the appropriate box]
4. Name of the signatory to the application (in block letters)
5. Status of the signatory to the application
6. Reasons for Registration [(Please "tick" the appropriate box]
6(a). Voluntary registration
Introduction by a registered dealer (should be continuously registered for 5 years) [see rule 8(11)(c )]
OR
Introduction by agent duly listed under section 82 of the Act
6b. Change in the Constitution,- (Mention the previous and the new constitution)
[refer to Item 3 for types of constitutions]
6c. Part transfer of business:-(Mention the name of the transferor and date of transfer )
6d. Full transfer of business:- :-(Mention the name of the transferor and date of transfer )
6e. Exceeding the prescribed turnover limit {The limits should be crossed in the same financial year} The following are the sales and purchases effected in a financial year on the basis of which the application for RC has been made. [Please attach seperate sheet, in case of additional bills ]
Sales (Please attach separate sheet in case the space is insufficient)
Purchases (Please attach separate sheet in case the space is insufficient)
(Rs.)
7. Nature of business [Please Tick the appropriate box(es)]
8. Date of commencement of business [DDMMYYYY]
[If yes, please Tick the appropriate box (es)]
10. Language in which books of accounts are maintained
11. Whether the records are computerized? (Please Tick the appropriate box)
12. Full address of the principal place of business
13. Occupancy status of the principal place of the business [(Please "tick" the appropriate box]
14. Full address of the additional place(s) of business / Godown(s) / Warehouse(s) in Maharashtra (If space is insufficient please take photocopy of this page and attach)
15. Address(s) in other State(s) and corresponding TIN under C.S.T. Act, if any (If space is insufficient please take photocopy of this page and attach)
16. Details of Bank Account(s) [Please attach separate sheet, in case of more bank accounts]
(*To be filled by Departmental authorities )
17. Main commodities to be sold ( Mention top 5 commodities )
18 Main commodities to be purchased ( Mention top 5 commodities )
19. A copy of my recent photograph is furnished with this application as required by sub-rule (7) of rule 8.
The above information is true to the best of my knowledge and belief
Status and authority thereof.
---------------------------------------------------------------------------------------------------------------------------------------------------
FOR OFFICE USE ONLY
Declaration by all partners of the partnership firm or by signatory to application in other cases. (If space is insufficient please take photocopy of this page and attach)
Declaration :- We hereby declare that the information furnished in this application is true & correct to the best of our knowledge & belief.
36. In Form 103, appended to the principal rules, in item 7, clause (d) and (e) shall be deleted;
37. In Form 105, appended to the principal rules, in the title, for the words, brackets and figure "sub-rule (1)", the words, brackets and figures "sub-rules (1) and (2)" shall be substituted;
38. In Form 210, appended to the principal rules, in all three parts of the Form, -
(1) in entry (1), the words "including a final identifier character" shall be deleted;
(2) in the table below item number (4), in clause (g), for the word and figures "rule 52" the word and figures "rule 73" shall be substituted;
39. For Form 211, appended to the principal rules, the following Form shall be substituted, namely:-
( See rule 19)
Application for grant of permission to submit separate returns under sub-section (2) of section 20 of the Maharashtra Value Added Tax Act, 2002
for grant of permission to submit separate returns for respective places of business/ constituents of business.
40. In Form 212 appended to the principal rules, for the words, brackets and letter "you are requested to rectify the defect (s) and submit a complete and self consistent return within one month from the service of the defect notice," the words, brackets and letter and figures "you are requested to rectify the defect(s) and submit a complete and self consistent fresh return with the appropriate registering authority. The amounts, if any, payable as per the fresh return should first be paid in the Government treasury by using a chalan in Form 210. Please attach a self attested copy of the chalan with the fresh return" shall be substituted.
41. After Form 315, appended to the principal rules, the following Forms shall be inserted, namely:-
Form 316,
Form 317
Form 318
(See rule 24 )
Application under sub-section (11) of section 23 for cancellation of assessment order passed under sub-section (2),(3)or (4) of section 23 of the Maharashtra Value Added Tax Act, 2002
I hereby apply for cancellation of assessment order passed under sub-section (2), (3) or (4) of section 23 of the Maharashtra Value Added Tax Act, 2002 .
Further I state that, I could not attend before you on the last appointed day for assessment . I hereby apply for cancellation of assessment order as provided in sub-section (11)of section 23 of the said Act.
You are requested to cancel by order the above said assessment order including any penalty or interest levied in relation to or in consequence to the said assessment .
Signature and Status of the person
ACKNOWLEDGEMENT
Received application in Form 316 for the period from _______________ to ________________ on _____________ ( date of receipt) in respect of M/s ________________________________________________ Name of dealer ) holding certificate of Registration bearing No. _______________________ and serial No. of the acknowledgement is _____________________________________ as per register No. _______________________.
(Assessing Authority)
( To be detached and given to the dealer or his representative) .
_____________________________________________________________________________________________
Order of cancellation of assessment order under sub-section (11) of section 23 of the Maharashtra Value Added Tax Act, 2002
With reference to your application in Form -316 dated _________ the assessment order for the period from _______________ to ____________________ is hereby cancelled.
_______________________________________
(See rule 24)
(See rule 48 )
(Notice under sub-section (1) of section 33 of the Maharashtra Value Added Tax Act, 2002)
M/s____________________________________
No.: Date:
Sir,
WHEREAS , a sum of Rs.___________________________________is due from__________________ _____________________________________________________________________________________________who is /are a dealer/s liable to pay tax under the Maharashtra Value Added Tax Act, 2002 , Tax Identification Number (TIN)_____________________________________________________ on account of Tax / penalty or interest under the Act;
I, the undersigned do hereby require you, under section 33 of the said Act, to pay to me forthwith any amount due from you to or held by you for or on account of M/s __________________________________________________________ up to the amount of arrears shown above.
And I do also require you to pay any money which may become due from you to him / them or which you may subsequently hold for or on account of him/them up to the amount of arrears still remaining unpaid, forthwith on the money becoming due or being held by you as aforesaid as such payment is required to meet the amount due by the said dealer in respect of arrears of tax, penalty and interest under the said Act.
Please note that payment made by you in compliance with this Notice is in law deemed to have been made under the authority of the said dealer and my receipt will constitute a good and sufficient discharge of your liability to the said dealer to the extent of the amount referred to in the receipt.
Please also note that if you discharge any liability to the said dealer after receipt of this Notice , you will be personally liable to the Commissioner of Sales Tax, Maharashtra State, Mumbai, to the extent of the liability discharged or to the extent of the liability of the said dealer for tax and penalty and interest under the said Act ,whichever is less.
Please note further that if you fail to make payment to me, in pursuance further proceedings shall be taken- for recovery of the amount from you as an arrears of Land revenue under sub-section (6) of section 33 of the Maharashtra Value Added Tax Act,2002
A chalan in Form 210 for payment of the money into a Government Treasury is sent herewith and you are required to send the receipted copy on or before___________________________________ to this office.
If, however, it is proved to the satisfaction of the undersigned, within twenty days of the receipt of this Notice or within the further time that may be granted on request that the sum demanded, or, any part thereof is not due to the dealer viz.
M/s_____________________________________________________________________________or that you do not hold any money for or on account of the said dealer , then nothing contained in this Notice shall require you to pay any such sum or part thereof , as the case may be.
A copy of this Notice is being sent to Shri / M/s _____________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
43. Form 401 appended to the principal rules shall be deleted.
44. In Form 402 appended to the principal rules, entry 2 shall be deleted.
45. Form 403, appended to the principal rules shall be deleted;
46. For Form 405 appended to the principal rules, the following Form shall be substituted, namely:-
"FORM 405
Return-cum-challan of deduction of tax at source by an employer under section 31 of the Maharashtra Value Added Tax Act 2002
Payment made Tax deducted at source,
Challan No. ............................. date ...................
Form No 405
(See Rule 40(1)(a)
Challan for Treasury
Return-cum-challan of tax deducted at source payable by a Employer under the M.V.A.T. Act, 2002
Tax collection
(a + b)
...............................................
(in figures)
(in words)
................................................
.................................................
Agent / Manager
Challan for Tax Payer
47. For Form 410 appended to the principal rules, the following Form shall be substituted, namely, --
"FORM 410
(See rule 40(2)(a))
Application for issue of order under sub clause (ii) of clause (b) of sub section (1) of the section 31 of the Maharashtra Value Added Tax Act, 2002 for no deduction of tax
I / We, am /are undertaking the activity of execution of certain contracts and do hereby apply for the issue of order for no deduction of tax, as per the provision of sub clause (ii) of clause (b) of sub-section (1) section 31 of the said Act.
The necessary details are as under: -
Encl.: Copy of Contract
47. For form 411 appended to the principal rules, the following Form shall be substituted, namely, --
"FORM 411
(See rule 40(2)c))
Order under sub clause (ii) of clause (b) of sub-section (1) of section 31 of the Maharashtra Value Added Tax Act, 2002 for no deduction of tax.
Sub: Order under sub clause (ii) of clause (b) of sub-section (1) of section 31 of the Maharashtra Value Added Tax Act, 2002 for no tax deduction.
Ref.: 1) Your application in Form 410 dated_____________.
2) Contract dated ________awarded by __________
for ___________________
After having gone through the documents furnished by the applicant, I am satisfied that the contract under reference is not a works contract for the purposes of the Act.
Therefore I hold that no tax should be deducted at source in respect of the above mentioned contract.
Nothing in this order shall affect your statutory tax liability, if any, under the Act.
48. In Form 412 appended to the principal rules,---
(a) in the title , for the words figures and brackets "section 32(6)" the word , figures and brackets " section 29(10)" shall be substituted ;
(b) in clause (b) , for the word , brackets and figures " sub-section (ii)" the word , brackets and figures " sub-section (10)" shall be substituted.
49. In form 413 appended to the principal rules, after the words " as per the attached certificate ," the following shall be added, namely:-
" I declare that I have not resold the goods within a period of two years from the date of purchase and have not claimed set-off in respect of the said purchases ".
50. After Form 416, appended to the principal rules, the following Forms shall be inserted, namely:-
Form 417,
Form 418,
Form 419,
Form 420
(See rule 45(6) )
Order Sanctioning instalments under section 32(4) of The Maharashtra Value Added Tax Act, 2002
Sub: - Grant of Instalment in respect of payment of tax, penalty, interest or as the case may be the sum forfeited.
Ref :- Your application dated._____________________
Gentleman,
This is in reference to your application cited above. I hereby grant instalments as shown in table below . The instalments are for a total amount of ____________ ( tax_________, penalty_________, interest _____________)and are the period from ______________to ____________.
Table
(in Rs.)
Above instalments are granted subject to following terms and condition.
(i) You are hereby directed to pay the instalments regularly on or before the dates specified No default should be made in paying any of the instalments by due dates.
(ii) You are hereby directed that if you fail to produce the receipted copy of the chalan before me concerned authority within three days of the due date, then the facility of instalment will stand automatically cancelled and concerned authority will proceed to recover dues as per the provision of law.
(iii) This order is in respect of the period and recovery mentioned at the beginning of this order and the grant of instalment is without prejudice to the other provisions of this Act, including levy of penalty or interest or both.
(iv) This order does not cover any amount other than the once covered by this order, .
(v) You will not be allowed to merge any amount due for any period beyond the period covered by this order in the amount in respect of which facility is granted.
(vi) The amounts payable as per the returns for any period subsequent to the period covered by this order should be paid within prescribed time as provided by the law.
Copy to :
(1) _______________________________Recovery Authority It is requested to keep watch on payment and take immediate action if there is default either in the payment of above instalment or current dues, If the payments are not made within stipulated time, necessary action for recovery action under section 33 of the Maharashtra Value Added Tax Act, 2002 may be initiated at once.
(2) Office copy.
(See rule 39 )
Intimation to a person under sub section (6) of section 32 of The Maharashtra Value Added Tax Act, 2002
Sub: - Intimation under sub section (6) of section 32 of the Maharashtra Value Added Tax Act, 2002
With reference to the above mentioned subject, this is to inform you that an order order of forfeiture under section 29 is passed in the case of following dealer whose details are as under :
From the records of the above dealer it is seen to that the amount or part of the amount was realised from you by the said dealer.
You are requested to apply in Form No.413 with necessary documents to the under signed for refund of Excess Tax collected from you by the aforesaid dealer in contravention of section 60 of the Maharashtra Value Added Tax Act, 2002.
Enclosed: Form 413.
(See rule 47)
Refund order of for forfeited amount under sub-section (6) of section 32 of The Maharashtra Value Added Tax Act, 2002
Sub: - Refund order of forfeited amount.
Ref: 1) This office intimation in Form _______dated ____________
2)Your application in Form ________ dated ________________
This is with reference to above cited subject your claim of refund of tax which was collected from you in contravention of section 60 of Maharashtra Value Added Tax Act, 2002 *( The details are given below) is found by me to be valid and admissible
Now, there I, in exercise of powers conferred/ delegated on me by sub-section (6) of section 32 of the Maharashtra Value Added Tax Act, 2002 , refund to Shri./M/s _______________________________ _________sum of Rs._________________(in words________________________________________________ _____________________________________________only ) as amount collected in contravention of 60 of the said Act .
Form of Notice under sub section (10) of section 29 of The Maharashtra Value Added Tax Act, 2002
With reference to the above mentioned subject, I have to inform you that an order of forfeiture under section 29 is passed in the case of following dealer whose details are as under :
51. For Form 501 appended to the principal rules, the following Form shall be substituted, namely, --
" FORM 501
(See rule 60(1))
Application for refund under section 51of the Maharashtra Value Added Tax Act, 2002
Sub: - Application for refund under section 51 of the Maharashtra Value Added Tax Act, 2002
I /We, the undersigned, has / have filed return / revised return / fresh return in which refund has been claimed by me / us. The details are as under:
- Name of Bank
- Branch :-
- Account Number :-
I / We, hereby declare that I/we is/are a dealer holding certificate of Entitlement under Package Scheme of Incentive and the amount of refund claimed in accordance with rule 79.
The particulars given above and in the statement of purchases annexed hereto are true to the best of my knowledge and belief.
I / We, are ready to comply with the necessary requirements.
You are requested to grant the refund in my/our case.
Thanking You
Annexure to Application for refund in Form 501
Tax Invoice No/Date
Note:-
1) This statement should include details of purchases made from dealers registered under the MVAT Act, 2002.
2) The statement should be prepared party wise, bill wise and date wise and should include all the purchases made from the supplier, which are credited to his account in financial records. If it is not possible to prepare a bill wise list in the printed form, then a soft copy should be submitted."
52. For form 502 appended to the principal rules, the following Form shall be substituted, namely, --
" FORM- 502
(See rule 60 (2) )
Order Sanctioning refund under the Maharashtra Value Added Tax Act, 2002
*Strike whichever clause is not applicable. "
M/s _________________________
_____________________________
53. For form 505 appended to the principal rules, the following Form shall be substituted, namely, --
(See rule 62 (2))
Interest payment order under section 53 of the Maharashtra Value Added Tax Act, 2002
Counterfoil Order for payment of interest on delayed refund under The Maharashtra Value Added Tax Act, 2002
Interest on delayed refund payable to .....................
Registration Certificate No......................
Date of Order directing the payment of interest on delayed refund ...................
Amount of delayed refund on which interest is claimed or payable Rs..............
Amount of interest to be paid on delayed refund Rs................................
Signature________________
(Designation)__________________
Date ............................................
Signature of the recipient of the Voucher...................
Order for payment of interest on delayed refund under The Maharashtra Value Added Tax Act, 2002 (Payable at the Government treasury within three months of the date of issue)
The Treasury Officer _____________________________
(1) Certified that with reference to return /assessment /appeal record of _____________ bearing Registration Certificate No.____________ for the period from __________ to _______________ an amount of Rs. _________ is/was required to be refunded to
(2) Certified that the payment of the said refund was delayed for a period of ________________ and that the dealer has claimed / is entitled to interest under section 53 of the Maharashtra Value Added Tax Act, 2002, for the delay in granting refund
as the interest on delayed refund and that no order for the payment of interest has previously been granted and that this order for payment of interest has been entered in the original file from which refund is granted under my signature
Please pay to______________________________
The sum of Rs_____________ In words __________
_________________________
Date __________
Signature __________
Pay Rs.___________________________ Only
Treasury Officer _______________
Date of encashment in government treasury
Received payment
Claimant's signature ______________________"
54. After Form 505, appended to the principal rules, the following Form shall be inserted, namely:-
"FORM 506
(See rule 55 of the Maharashtra Value Added Tax Rule, 2005 )
Refund Adjustment Order
Book No. _______________________
Voucher No. ___________________
1. Certified with reference to the refund records of (name ) M/s ______________________________________________________bearing Maharashtra Value Added Tax TIN No. ______________________ for the period from ____________________to ____________________________ that a refund of Rs. ______________________________is due to (name) M/s ____________________________________________________________.
2. This refund will be adjusted towards the amount of tax due from the said refundee for the period from __________________to ______________. The refundee shall attach this order to the return to be furnished by him for the period against which the adjustment is made.
55. In form 602, for the words, brackets, letter and figure "clause (g) of the sub-section (8) "the words, brackets letter and figure "clause (n) of sub-section (3)" shall be substituted.