Notification No. VAT 1512/ CR 84/ Taxation-1 Dated 30th July, 2012

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 (Fourth Amendment) Rules, 2012.

(2) Save as otherwise provided in this Notification, these Rules shall come into force with effect from the 1st August 2012.

2. In rule 17 of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as "the principal Rules"), in sub-rule (5), in clause (b), after the words "him under the Act." the words "Where the return is not filed within the prescribed time, the dealer shall pay the late fee due from him in addition to the tax and interest, if any, due as per such return." shall be inserted.

3. In rule 25 of the principal Rules, after the words "with or without penalty" the words "or late fee payable by the dealer" shall be inserted.

4. In rule 41 of the principal Rules, in sub-rule (1), after the words "under this Act." the words "Where the return is not filed within the prescribed time, the dealer shall pay the late fee in addition to the tax and interest, if any, due from him." shall be added.

5. In rule 45 of the principal Rules,-

(1) in sub-rule (1), after the words "penalty or" the words "late fee or" shall be inserted;

(2) in sub-rule (2), after the words "penalty or" the words "late fee or" shall be inserted.

6. In rule 45A of the principal Rules, in clause (a), for the words "penalty" the words "penalty, late fee" shall be substituted.

7. In rule 46 of the principal Rules,-

(1) in the marginal note, after the words "payment of tax" the words "or any amount due but" shall be inserted;

(2) for the words "interest and" the words "interest, late fee and" shall be substituted.

8. In rule 55A of the principal Rules, in sub-rule (3),-

(1) for the word "fifty" the words "twenty five" shall be substituted and shall be deemed to have been substituted with effect from 1st April 2012.

(2) after the words "turnover of sales" the words "or rupees hundred crore, whichever is less." shall be added and shall be deemed to have been added with effect from 1st April, 2012.

9. In rule 58 of the principal Rules, the proviso to sub-rule (1A), shall be deleted and shall be always deemed to have been deleted.

10. In rule 83 of the principal Rules,-

(1) in clause (a), for the word "interest" the words "interest, late fee" shall be substituted;

(2) in clause (b), for the word "interest" the words "interest, late fee" shall be substituted.

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

O.C.BHANGDIYA,

Deputy Secretary to Government.