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 is hereby, 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 (Amendment) Rules, 2011 and they shall come into force with effect from the date 1st May, 2011.

2. In rule 53 of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as "the Principal Rules"), sub rule (7) shall be deleted.

3. In rule 54 of the Principal Rules, for clause (i), the following clause shall be substituted, namely:-

"(i) purchases of Liquor covered under entries 1, 2 and 3 of Schedule D appended to the Act;"

4. In rule 55A of the Principal Rules, after sub rule (2) the following sub rule shall be added, namely:-

"(3) For the purposes of Explanation to sub clause (i) of clause (a) of sub section (3) of Section 51, the dealer shall be deemed to be an exporter only if, the turnover of export either during the previous year or during the period under refund application is not less than fifty percent. of his total turnover of sales.".

5. After rule 60 of the Principal Rules, the following rule shall be inserted, namely:-

"60A. Grant of Refund of Security Deposits-

(1) A person or dealer who has obtained the voluntary registration may make an application to the registering authority for refund of the amount of rupees 25,000 of security deposit.

(2) The application for the refund may be made,-

(a) Where the registration certificate is cancelled within the period of thirty six months from the date of registration, then within six months from the date of service of the order of the cancellation of the registration certificate, and

(b) in any other case, after a period of thirty six months from the end of the month containing the date of effect of the registration certificate but before the end of the period of forty eight months from the end of the month containing said date.

(3) The registering authority shall, within ninety days from the receipt of the said application, refund the amount of security deposit, if the dealer has.-

(a) filed all the returns due upto the date of application for refund of the security deposit, or upto the date of cancellation of registration certificate, and

(b) paid the tax due as per the said returns, and

(c) made the application for refund within the period prescribed under sub-rule (2) above."

6. In Form 302 appended to the Principal Rules, the words and figures "section 64 of" shall be deleted.

By Order an in the name of the Governor of Maharashtra,

O.C. Bhangdiya

Deputy secretary to Government