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 hereby, makes the following rules further to amend the Maharashtra Value Added Tax Rules, 2005, namely: -

1. (1) These rules may be called the Maharashtra Value Added Tax (Third Amendment) Rules, 2012.

(2) Save as otherwise provided in this Notification, rules 2 to 15 and rules 17, 18 and 19 shall come into force with effect from the 1st May 2012.

2. In rule 2 of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as "the principal Rules"), in sub-rule (1),-

(1) for clause (c), the following clause shall be substituted, namely:-

"(c) "assessing authority" means any authority competent to assess or audit or exercise or perform all or any of the powers and functions conferred on, or assigned, under this Act or as the case may be, has been delegated by the Commissioner and within whose jurisdiction the place of business or, as the case may be, the principal place of business of the dealer, is situated;";

(2) in clause (d), after the word "includes" the words "a Special Commissioner," shall be inserted.

3. In rule 5 of the principal Rules, in the Table,-

(1) in serial number (i), in column (3), after the words "Additional Commissioner" the words "and a Special Commissioner", shall be inserted;

(2) in serial number (ii), in column (3), for the words "and an Additional Commissioner" the words "an Additional Commissioner and a Special Commissioner" shall be substituted;

(3) in serial number (iii), in column (3), for the words "and Additional Commissioner" the words "an Additional Commissioner and a Special Commissioner", shall be substituted;

(4) in serial number (iv), in column (3), for the words "and Additional Commissioner" the words "an Additional Commissioner and a Special Commissioner" shall be substituted;

(5) in serial number (v), in column (3), for the words "and an Additional Commissioner" the words "an Additional Commissioner and a Special Commissioner" shall be substituted.

4. In rule 8 of the principal Rules,-

(1) in sub-rule (11),-

(1) clause (b) shall be deleted;

(2) clause (c), shall be substituted, namely:-

"(c) be introduced by a registered dealer whose registration certificate is in force on the date of introduction and who is registered under the Act for continuous period of not less than three years immediately preceding the year in which the application is made.";

(2) in sub-rule (12), for the portion beginning with the words "submit his Permanent" and ending with the words "alongwith proof of the same" the following shall be substituted, namely:-

"have a current bank account and a Permanent Account Number, and shall submit the proof of the same to the registering authority at the time of making such application ".

5. In rule 17 of the principal Rules,-

(1) In sub-rule (1), for the words and letters "www.vat.maharashtra.gov.in" the words and letters "www.mahavat.gov.in" shall be substituted;

(2) in sub-rule (4), in clause (d), in the proviso, for the word and letters "Annexure-G, H" the word and letters "Annexure- C, D, G, H" shall be substituted.

6. In rule 18 of the principal Rules,-

(1) for sub-rule (1), the following sub-rule shall be substituted, namely:

"(1) Where a dealer is liable to be registered under this Act, and,-

(a) fails to apply for the registration within the prescribed period, the first return to be furnished by him shall be for the period from the date of event which makes him liable to pay tax to the end of the quarter in which such date occurs. Thereafter he shall continue to file quarterly returns till the quarter immediately before the quarter containing the date of registration. The last return for the unregistered period shall be filed from the 1st day of quarter containing date of registration till the day before the date of registration. Thereafter the first return for the registered period to be furnished by him shall be for the period from the date of registration to the end of the quarter containing the date of registration. He shall continue to file quarterly returns in respect of periods ending on or before the end of the year containing the date of effect of registration.

(b) applies within the period specified in rule 8, the first return to be furnished by him shall be for the period from the appointed day, 1st April of the year, or as the case may be, from the date of event which makes him liable to pay tax to the end of the quarter containing the date of registration. He shall continue to file quarterly returns in respect of periods ending on or before the end of the year containing the date of effect of registration.";

(2) in sub-rule (2), in the proviso, for the words "within ninety days from the end of that financial year" the words "on or before the 30th June of the year succeeding the year" shall be substituted.

7. Rule 33 of the principal Rules, shall be re-numbered as sub-rule (1) there of; and after sub-rule (1) as so renumbered, the following sub- rule shall be added, namely:-

"(2) The order under the proviso to sub-section (6) of section 26 shall be in FORM 319."

8. After rule 40 of the principal Rules, the following rule shall be inserted, namely,-

"40A. Tax collection at source.-

(1) Every authority or agency required to collect the amount towards tax under sub-section (1) of section 31A shall deposit the amount so collected into the Government Treasury in challan FORM 210 or as the case may be, in FORM MTR6, within twenty one days from the end of the month during which such amount is collected from any person.

(2) The authority or agency, on collection of such amount of tax at source, shall issue certificate of tax collection in FORM 421 immediately after such tax collection.

(3) Every authority or agency issuing a tax collection certificate as required by sub-rule (2) shall maintain a separate account for each year in FORM 422 showing the amount collected towards sales tax, certificate of collection issued, and the particulars of payment made to the Government treasury and shall file a return in FORM 423 with the Joint Commissioner of Sales Tax (Returns ), in Mumbai or as the case may be, the Joint Commissioner of Sales Tax (VAT Administration) in the rest of the State in whose jurisdiction the place of office of the authority is situated, within three months of the end of the year to which the return relates.".

9. In rule 52 of the principal Rules, in sub-rule (1), after clause (c), the following shall be added, namely:-

"(d) the purchase tax paid by the claimant dealer under this Act.".

10. In rule 53 of the principal Rules,-

(1A) after sub-rule (1), the following sub-rule shall be inserted, namely :-

"(1A) On the purchases of natural gas to which sub-rule (1) does not apply, unless the natural gas purchased is resold or sold in the course of inter-State trade or commerce or in the course of export out of the territory of India or dispatched outside the State, to any place within India, not by reason of sale, to his own place of business or of his agent or where the claimant dealer is a commission agent, to the place of business of his principal, an amount equal to three per cent of the purchase price shall be reduced from the amount of set-off otherwise available in respect of the said purchases.

Explanation.- For the purpose of this sub-rule, "natural gas" will be deemed to have been sold or resold if the sale is after conversion from one form of natural gas to another form.";

(2) in sub-rule (2), in clause (a),-

(1) after the words "used as a fuel" the words "and natural gas" shall be inserted;

(2) for the Explanation the following Explanation shall be substituted, namely:-

"Explanation.- For the purpose of this clause "manufactured tax free goods" will not include,-

(a) sarki pend, de-oiled cakes, and

(b) any other goods covered by SCHEDULE A, if they are sold in the course of export out of the territory of India covered by section 5 of the Central Sales Tax Act, 1956,".

(3) in sub-rule (3), in clause (a),-

(1) after the words "used as a fuel" the words "and natural gas" shall be inserted;

(2) for the Explanation, the following proviso shall be substituted, namely:-

"Provided that, if the taxable goods are despatched outside the State and the rate of tax specified in the SCHEDULE against the corresponding taxable goods purchased, is less than four per cent., then the reduction from set-off under this clause shall be calculated at such lower rate of tax specified in the SCHEDULE against the corresponding goods.";

(3) in the first proviso, for the words "Provided that" the words "Provided further that" shall be substituted;

(4) in the second proviso, for the words "Provided further that" the words "Provided also that" shall be substituted;

(4) in sub-rule (7B), for the words, figure and brackets "sub-rule (1)" the words, figure, letter and brackets "sub-rule (1) and (1A)" shall be inserted ;

(5) in sub-rule (9), in clause (a),-

(a) after the words, brackets and figure "sub-rule (1) " the words, brackets and figure ", sub-rule (1A), " shall be inserted;

(b) the words "and goods used as fuel" shall be deleted.

11. In rule 55 of the principal Rules,-

(1) in sub-rule (1),-

(a) after the words "tax recovered from him" the words "or as the case may be, paid by him" shall be added;

(b) in clause (b),-

(i) in sub-clause (i), in paragraph (E ), after the words "recovered from him" the words "or, as the case may be, paid" shall be inserted;

(ii) in clause (ii), for the words "recovered from the claimant dealer" the words "recovered or as the case may be, paid by the claimant dealer" shall be substituted;

(2) in sub-rule (3), in clause (a),-

(a) in sub-clause (ii), the word "and" shall be deleted;

(b) after sub-clause (ii), the following sub-clause shall be inserted, namely,-

"(iiA) the total value of the collection certificate received by him in that period, and"

12. In rule 64 of the principal Rules, in sub-rule (3), in clause (c), for the words "sales tax" the words "sales tax or as the case may be, purchase tax" shall be substituted.

13. In rule 66 of the principal Rules, for the words "within ten months" the words "within eight months" shall be substituted.

14. In rule 68 of the principal Rules,—

(a) for the words "six years" the words "eight years" shall be substituted;

(b) in the proviso, for the words "six years" occurs at both the places, the words "eight years" shall be substituted.

15. In rule 73 of the principal Rules, in sub-rule (2), in the proviso, for the words, brackets and figures, "fees specified in column (3) of the Table below against entries (29), (30) and (31)" the words, brackets and figures, "where fees specified in column (3) of the Table below is rupees hundred or less, it" shall be substituted. .

16. In rule 79 of the principal Rules,-

(1) for sub-rule (2), the following sub-rule shall be substituted and shall deemed to have been substituted with effect from the 1st April 2012, namely:-

"(2) If the unit is holding an Entitlement Certificate for exemption from payment of tax under the 1979, 1983, 1988 or 1993 Package Scheme of Incentives 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 the amount calculated for the purpose of reduction from set-off under rule 53, if the said dealer was not holding the Certificate of Entitlement";

(2) in sub-rule (3), for the words "Certificate for exemption or, as the case may be, for deferral" the words "Certificate for exemption from" shall be substituted and shall deemed to have been substituted with effect from the 1st April 2012.

17. In rule 81 of the principal Rules, in sub-rule (1),-

(1) in clause (a), after the words "covered by the Certificate of Entitlement," the words "and the purchase tax on raw material as reduced by set-off in respect of such purchase tax available to the dealer if he was not holding Certificate of Entitlement," shall be inserted;

(2) in clause (b), after the words "and of by-products covered by the Certificate of Entitlement," the words "and the purchase tax on raw material as reduced by set-off in respect of such purchase tax available to the dealer if he was not holding Certificate of Entitlement," shall be inserted.

18. After FORM 318 of the principal Rules, the following FORM shall be added, namely:-

"FORM 319

( See rule 33 )

Order under proviso to sub-section (6) of section 26 of the Maharashtra Value Added Tax Act, 2002.

To,

Subject:- Order under proviso to sub-section (6) of section 26 of the Maharashtra Value Added Tax Act, 2002.

Ref:- 1) Appeal against the assessment/ *appeal order for the period from .................. to ................ passed by ...............................

2) Earlier stay order No.................... passed by this office.

*Whereas, in the above mentioned appeal proceedings, under proviso to subsection (6) of Section 26 of MVAT Act, 2002, You were required to make an additional part payment of Rs................. on or before .................. (date).

•Whereas, you have failed to make the payment of the amount by the above prescribed date.

*Whereas, you have made the payment of Rs................. on .................... (date) vide challan No. ............... dated ..................... .

Therefore, the stay to the recovery of Rs.................... granted vide earlier order hereby stands vacated and the amount shall henceforth be recoverable as per provision of law.

*The stay to the balance amount of Rs................... shall continue till further orders.

.............................

Stay to the recovery proceedings of assessment / *appeal order referred above is stand vacated.

*( Strike out whichever is not applicable).".

19. After FORM 420 of the principal Rules, the following FORMS shall be added, namely:-

"FORM 421

(See rule 40A (2))

Certificate of amount collection at source towards tax to be given to the person/dealer under sub-rule (1) of rule 40A of the Maharashtra Value Added Tax Rules, 2005.

"FORM 422

(See rule 40A (3))

Register to be maintained by the authority who collected amount at source towards tax under the Maharashtra Value Added Tax Act, 2002.

* Auction amount is applicable to Sand auction purchaser and Value of goods is applicable to others.

" FORM 423

(See rule 40A (3))

Return showing Amount Collection at Source towards tax by an authority _under-section 31A of the Maharashtra Value Added Tax Act, 2002.

ANNEXURE-A

Details of the Auction amount / value of goods and amount collected at source during the period of this return

* Auction amount is applicable to sand auction purchaser and value of goods is applicable to others.".

By order and in the name of the Governor of Maharashtra,

A. N. Bhosale,

Deputy Secretary to Government.