Maharashtra Value Added Tax (Fifth Amendment) Rules, 2016

FINANCE DEPARTMENT

Madam Cama Road, Hutatma Rajguru Chowk,
Mantralaya, Mumbai 400 032, dated the 6th August 2016

NOTIFICATION

MAHARASHTRA VALUE ADDED TAX ACT, 2002.

No. VAT. 15 16/CR-86/Taxation-1.—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), (2) and (3) 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 (Fifth Amendment) Rules, 2016.

(2) Except as otherwise provided in these rules, they shall come into force with effect from the 6th August 2016.

2. In rule 17A of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as “the principal Rules), after sub-rule (1A), the following sub-rule shall be inserted, namely:—

“( 1B) With a view to promote effective compliance and ensuing capability with automated system, the Commissioner may, by notification published in the Official Gazette, provide that in respect of the period starting on or after the date specified in the said notification any order, certificate, notice, intimation or any other document which may be specified in the notification, may be issued in an electronic form with or without digital signature, as may be specified, in the manner laid down in the notification. If the Commissioner has issued any notification under this sub-rule, then the Commissioner may by publication in the Official Gazette, provide for amendments to be made to such order, certificate, notice, intimation or any other document. Such notification, may be issued from time to time.”

3. In rule 21 of the principal Rules, after sub-rule (1) the following sub-rule shall be inserted, namely:—

“(1A) the intimation under sub-section (5A) of section 23 shall be in Form 604B.”

4. After rule 21 of the principal Rules, the following rule shall be inserted and shall be deemed to have been inserted with effect from 1st April 2011, namely :—

“21 A. For the purpose of section 28A, the ‘fair market price’ shall be determined, in the manner specified in column (5) of the Table hereunder, in respect of the class of dealers specified in column (4) for the sale of commodities specified in column (2) of the said Table,–

5. For rule 23 of the principal Rules, the following rule shall be substituted, namely :-

“23. Forms of order of assessment.—The assessment order under section 23 or, as the case may be, confirmation order under sub-section (5A) of section 23 shall be in Form 303 compatible with the type of the Form of return :

Provided that, where the dealer is liable to file more than one form of return then separate orders pertaining to such different forms of returns, may be issued.”.

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

R. D. BHAGAT,

Deputy Secretary to Government.