Madam CamaMarg, Hutatma Rajguru Chowk, Mantralaya,
Mumbai
400 032, dated the 21th August 2014 .
NOTIFICATION
MAHARASHTRA VALUE ADDED TAX ACT. 2002.
No. VAT 1514/CR-58/Taxation-1.- In exercise of the powers conferred by section 42 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005), the Government of Maharashtra hereby amends the Government Notification, Finance Department No. VAT.- 1505/ CR-105/ Taxation-1, dated the 1st June 2005, with effect from the 1st October 2014, as fo11ows:-
In the said notification,-
(1) in the SCHEDULE, for entry (3), tho. following entry shall be substituted, namely;-
|
“(3) Retailers
|
Total turnover of sales made by a registered dealer, who
is a retailer as provided in section 42 (1) of any goods excluding the turnover of sales, if any, effected by him of the,- (a) goods covered by entries 5and 10 of SCHEDULE D, appended to the Act, (b)furnishing fabrics, notified by the State Government under entry’, 101 of SCHEDULE C appended to the Act. . |
(1) 1% on the total turnover of sales of goods, referred to in
column (3) including tax free goods, or (2) 1.5% on the total turnover of sales of taxablegoods, referred to in column (3). |
(i) Conditions to become eligible for availing the
composition scheme :- (a) The turnover of sales of goods, specified in column (3) of this entry has not exceeded rupees fifty lakh in the previous year to which the composition is desired. (b) The claimant dealer is not a manufacturer or an importer. (c) The taxable goods resold are purchased from registered dealers . (d) Purchases of tax free goods may be from registered dealers as well as from unregistered dealers. (e) Purchases of taxable goods from unregistered dealers shall be allowed only if meant for packing of goods resold. (f) The selling dealer shall not called tax separately in respect of the sales specified in column (3). (g) The claimant dealer shall not be eligible to issue ‘Tax Invoice’ in respect of sales of goods referred to in column.(3) of this entry. (h) The claimant dealer shall not be entitled to claim any set off under the Rules, in respect of the purchases corresponding to sale of any goods, referred to in column (3) of this entry, and the goods, used in packing of such goods. |
|
(ii) Application for the composition scheme ;-
(a) For the year 2014-15.-Adealer, liable to file six monthly returns furthe year 2014-15, or, as the case may be a dealer, who has already opted for the composition scheme under entry (3), as it existed prior to the 1st October 2014 (hereinafter referred to as, “earlier composition scheme”), may opt for this composition scheme for the year 2014-15 by uploading an application in ‘Form 4A’, appended to this notification on or before the 31 st October 2014. If found eligible, such dealer can take benefit of this composition scheme with effect frorn the 1st October 2014. The dealers, who are liable to file monthly or, as the case may be, quarterly returns, for the year 2014-15 shall not be eligible to opt for this composition scheme for the year 2014-15. (b) For the year 2015-16 and thereafter -At any other case, the claimant dealer shall upload an application in ‘Form 4A’ appended to this notification on the Department’s website for exercising the option to pay tax under the composition or before the 30th April of the respective year. (c) Newly registered dealers .- All applicant for registration desiring to opt for the composition scheme shall indicate his option to opt for the composition scheme in Form to 101 appended to the Rules. Such dealer shall be eligible to claim benefit of this composition under this entry from the date of effect of the registration certificate. |
|||
|
(iii) Continuance in the Composition Scheme :-The dealer,
who is permitted to opt for this composition scheme can continue to take benefit of the composition scheme, till he opt out of the scheme or if he violates he conditions of the scheme. (iv) Opting out or ceasing to be eligible for the Composition Scheme :- (a) Dealer under the ‘earlier composition scheme’.- The dealer, who had opted for the ‘earlier -composition scheme’, shall cease to be eligible for the benefits of this composition scheme, unless an application in ‘Form 4A’ is uploaded on the Department’s website on or before the 31st October 2014. (b) Dealer under this composition schemes-” The dealer, who desires to opt out of the composition scheme shall intimate in ‘Form 4B’ at the beginning of the year on or before the 30th April on the Department’s website and on such intimating. he shall cease to be composition dealer with effect from the 1st day of April of that year. (c) In case of contravention .- The dealer, who contravenes any of the conditions of this notification, shall cease to be eligible for the benefit of composition from the date on which he has contravened the conditions of this notification. (v) Set off, in case of opting in or opting out of composition scheme :- (a) The dealer opting for the composition scheme under this notification shall reverse the set off, claimed by him on the purchase of goods, which are held in stock on the date of opting for the composition scheme. Such amount of set off shall , be paid by him along with his first ” return of composition scheme, after opting out the composition scheme. (b) The dealer, who opts out or, as the case may be, ceases to be eligible for the composition scheme, may claim set off in his first return be uploaded as a non-composition dealer, after opting out of composition scheme on the purchase of goods which are held in stock on the date of opting out of the composition scheme and on which he had not claimed set off earlier, (vi) Returns :-Dealer, opting for the composition scheme under this entry |
|||
(2) after Form 4, the following Forms shall be inserted, namely :-
|
“FORM-4A (See section 42 of the Maharashtra Value Added Tax Act, 2002) Intimation for opting for the Retailer Composition Scheme ,
I……………………………………………………………., ” l/we cannot purchase the taxable goods for resale, from an unregistered dealer. and ” I am/we are not eligible to claim set-off of sales tax paid on purchases corresponding to any goods which are sold or resold or used in the packing of goods referred to in column (3) of entry (3) of this notification, and ” I am/we are not eligible to recover the composition amount from my |
|
|
| Place: Date : Signature |
||
|
FORM-4B Intimation for opting out/ceasing to be eligible for the Retailer Composition Scheme I,……………………………………………………………………………………… (Enter full name of signatory), Proprietor, Partner, Karta, Director, Manager, Principal Officer, Authorised Person, Trustee (Select status of signatory) of M/s . ………………………………………………….. (Enter Name of Business) a dealer registered under the Maharashtra Value Added Tax Act, 2002, holding TIN intimate as follows :-
|
||
| Place: Date : Signature |
||
|
By order and in the name of the Governor of Maharashtra,
O.C. BHANGDIYA, |
||
