MADHYA PRADESH ACT No. 24 of 2011.
THE MADHYA PRADESH VAT (SECOND AMENDMENT) ACT 2011
Sections:
1. Short title and commencement.
2. Amendment of Section 4.
3. Amendment of Section 10.
4. Amendment of Section 33.
5. Insertion of Section 64-A.
6. Amendment of Schedule I.
THE MADHYA PRADESH VAT (SECOND AMENDMENT) ACT, 2011
[Received the assent of the Governor on the 4th August, 2011; assent first published in the "Madhya Pradesh Gazette (Extra-ordinary)", dated the 6th August, 2011.]
An Act further to amend the Madhya Pradesh Vat Act, 2002.
Be it enacted by the Madhya Pradesh Legislature in the Sixty-second year of the Republic of India as follows:-
(1) This Act may be called the Madhya Pradesh Vat (Second Amendment) Act, 2011.
(2) (a) the provision of Section 3 and 6 of this amending Act shall be deemed to have come into force from 1st April, 2011.
(b) The remaining provisions of this amending Act shall come into force from the date of its publication in the Madhya Pradesh Gazette.
In Section 4 of the Madhya Pradesh Vat Act, 2002 (No. 20 of 2002) (hereinafter referred to as the principal Act), after sub-section (3), the following sub-section shall be inserted, namely:-
"(3A) If by reason of any temporary increase in the business of the Appellate Board or by reason of arrears of work therein, it appears to the State Government that the number of members of the Appellate Board should be for the time being increased, the State Government may appoint duly qualified persons to be additional members of the Appellate Board for such period not exceeding two years as it may specify.".
In Section 10 of the Principal Act, in sub-section (1), in clause (b), in sub-clause (1) the words. figures, bracket and letter "goods declared tax free under section 16 or the goods notified under sub-section (1B) of Section 14", the words, figures, bracket and letter "goods declared tax free under section 16 other than the goods notified under sub-section (1B) of Section 14" shall be substituted.
In Section 33 of the Principal Act, in sub-section (1), the words, figures and bracket "and subject to the provisions of Section 530 of the Companies Act, 1956 (No. 1 of 1956)" shall be omitted.
After Section 64 of the Principal Act, the following Section shall be inserted, namely:-
"64-A.Compounding of offences
(1) Subject to such conditions as may be prescribed, the Commissioner may, either before or after the institution of proceedings under this Act, permit any person charged with an offence under this Act or any rule made thereunder, to compound the offence on payment of such sum not exceeding ten thousand rupees as the Commissioner may determine:
Provided that where the offence charged is under clause (b), (c) or (d) of sub-section (1) of Section 64 and the amount of tax which would have been payable by such person had he complied with the provisions of this Act is more than five hundred rupees, the Commissioner may allow composition on payment of a sum not exceeding twice such amount.
(2) On payment of such sum as may be determined by the Commissioner under subsection (1), the accused person shall be discharged and no further proceedings shall be taken against him in respect of the same offence.".
In Schedule I to the Principal Act, against serial number 3, in column (2), for the words "cotton seed oil cake and mustard oil cake", the words "cotton seed oil cake, mustard oil cake and Makka Khali" shall be substituted.