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MVAT Notification (VAT)

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This query is : Resolved


( Author )
24 November 2009

Provide me MVAT Notification no VAt - 1505/CR-105/Taxation dt 25/06/05 I tried on MVAT site but it is not avilable due to maintatinance of site


Aditya Maheshwari

( Expert )
24 November 2009

NOTIFICATION

Finance Department,
Mantralaya, Mumbai 400 032.
dated 1st June 2005.

Maharashtra Value Added Tax Act, 2002.

No.VAT-1505/CR-105/Taxation-1 In exercise of the powers conferred by section 42 of the Maharashtra Value Added Tax Act, 2002, (Mah. IX of 2005) and in supersession of the Government Notification, Finance Department No. VAT-1505/ CR-105/ Taxation-1, dated 1st April 2005, Government of Maharashtra hereby subject to the conditions specified in column (5) against each class of dealers specified in column (2) of the Schedule appended hereto, provides for composition of tax payable by the said dealers on their sales specified in column (3) of the said Schedule as specified in column (4) of the said Schedule.

SCHEDULE

Serial No.
Class or classes of dealers
Classes of Sales or Purchases
Composition Amount
Conditions

(1)
(2)
(3)
(4)
(5)

(1)
Restaurants, eating house, refreshment room, boarding establishment, factory canteen Clubs, Hotels and Caterers
Aggregate of sales of food and non-alcoholic drinks, not being food, alcoholic and non-alcoholic drinks served for consumption in any restaurant or hotel or any part thereof having gradation of "Four Star " and above or supplied by such restaurant, or hotel,

(a) served for consumption at or in the immediate vicinity of any restaurant, hotel, eating house, refreshment room, boarding establishment, factory canteen or in any club or

(b) supplied by way of counter-sale by such restaurant, hotel, eating house, refreshment room or boarding establishment or club, or

(c) served for consumption at any place other than a restaurant, hotel, eating house, refreshment room boarding establishment factory canteen, or any club by a caterer.
8 per cent. of the turnover of sales in the case of a registered dealer and 10 per cent of the turnover of sales in the case of an unregistered dealer.

Explanation:- Where the dealer is also serving alcoholic drinks, the tax payable on sales of alcoholic drinks will not be compounded under this notification but the tax payable on sales by such dealer of food and non-alcoholic drinks will be allowed to be compounded under this notification.
(i) The claimant dealer shall not be entitled to claim any set off under the Maharashtra Value Added Tax Rules, 2005, in respect of the purchases corresponding to any goods which are sold or resold or used in packing of goods referred to in column (3) of this entry.

(ii) The claimant dealer shall not collect tax including composition amount separately in the bill, cash memo or invoice issued to the customer.

(iii) The claimant dealer shall apply in the form-2 in respect of caterers and in the ‘Form-1’ in case of others appended to this notification for exercising the option to pay tax under the composition scheme. The application should be made to the assessing authority who was in charge of the case on the 31st March 2005, before 15th June 2005 or as the case may be, to the registering authority at the time of application for Registration Certificate under the Act.

(iv) Subject to condition (iii), if the option to join or to opt out of the composition scheme is exercised, in any year then it can be changed only at the beginning of the next year.

(v) The Claimant dealer is not eligible to issue ‘Tax Invoice’ in respect of sales of goods referred to the column (3) of this entry.

(2)
Bakers
Aggregate of Sales of bakery products which are manufactured by the baker himself
4 per cent. of the first thirty lakh rupee of the total turnover of sales of goods referred to in column (3) of this entry and goods imported out of Maharashtra State, if any, including bread in loaf, rolls, or in slices, toasted or otherwise, in the case of a registered dealer and 6 per cent. of the first thirty lakh rupee of the total turnover of sales of goods referred to in column (3) of this entry and goods imported out of Maharashtra State, if any including bread in loaf, rolls, or in slices, toasted or otherwise, in the case of an unregistered dealer.
(i) The claimant dealer shall be certified by the Joint Commissioner for the purpose of claiming benefit under this entry

(ii) The claimant dealer shall not be entitled to claim any set off under the Maharashtra Value Added Tax Rules, 2005, in respect of the purchases corresponding to any goods which are sold or resold or used in packing of goods referred to in column (3) of this entry.

(iii) The turnover of sales of bakery products including bread has not exceeded rupees thirty lakh in the year previous to which the composition is availed and if the dealer was not liable for registration under the Bombay Sales Tax Act, 1959 or as the case may be under the Maharashtra Value Added Tax Act, 2002, in the immediately preceding year, then he shall be entitled to claim the benefit of the scheme in respect of the first thirty lakh rupees of the total turnover of sales in the current year.

(iv) The claimant dealer shall apply in the ‘Form-3’ appended to this notification for exercising the option to pay tax under the composition scheme. The application should be made to the assessing authority who was in charge of the case on 31st March 2005 before 15th June 2005 or as the case may be, to the registering authority at the time of application for Registration Certificate under the Act.

(v) Subject to condition (iii), if the option to join the composition scheme is exercised, in any year then it can be changed only at the beginning of the next year.

(vi) 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.

(vii) The claimant dealer shall not be eligible to recover the composition amount from any customer separately.

(3)
Retailers
Total turnover of sales made by a registered dealer, who is a retailer as provided in section 41, of any goods excluding the turnover of resales if any, effected by him, of the following goods:-

1) Foreign liquor, as defined in rule 3(6)(1) of the Bombay Foreign Liquor Rules, 1953.

2) Country liquor, as defined in Maharashtra Country Liquor Rules, 1973.

3) Liquor imported from any place outside the territory of India as defined, from time to time, in rule 3(4) of the Maharashtra Foreign Liquor (Import and Export) Rules, 1963.

4) Drugs covered by the entry 29 of the Schedule C appended to the Act.

5) Motor Spirits notified by the State Government under sub-section (4) of section 41 of the Act.
The composition amount shall be as specified below, calculated on the,-

Excess, if any, of the total turnover of sales, including turnover of sales of tax -free goods but excluding liquor, Drugs, and Motor Spirits referred to in column (3) of this entry , in respect of any six monthly period over the turnover of purchases including turnover of purchases of tax free goods, but excluding liquor, Drugs, Motor Spirits referred to in column (3) of this entry , in respect of the said six month period. The turnover of purchases shall be increased by the amount of tax collected by the vendor of the retailer separately from the retailer.

1) at the rate of 5 per cent for the retailers whose aggregate of the turnover of sales of goods, covered by schedule A and goods taxable at the rate of 4 per cent., if any, is more than 50 per cent. of the total turnover of sales; excluding the turnovers of liquor, drugs and motor spirits referred to columns 3 of this entry

2) at the rate of 8 per cent. in any other case.
(i) The selling dealer does not collect tax separately in respect of the sales specified in column 3.

(ii) The claimant dealer shall not be entitled to claim any set off under the Maharashtra Value Added Tax Rules, 2005, in respect of the purchases corresponding to any goods which are sold or resold or used in packing of goods referred to in column (3) of this entry.

(iii) The turnover of sales of goods specified to in column (3) of this entry has not exceeded rupees fifty lakh in the year previous to which the composition is availed of and if the dealer was not liable for registration under the Bombay Sales Tax Act, 1959 or, as the case may be under the Maharashtra Value Added Tax Act, 2002, in the immediately preceding year, then he shall be entitled to claim the benefit of the scheme in respect of the first fifty lakh rupees of the total turnover of sales in the current year.

(iv) The turnover of purchases referred to in column (3) shall be reduced by the amount of every credit of any type received by the selling dealer from any of his vendors whether or not such credit is in respect of any goods purchased by the selling dealer from the said vendor.

(v) In respect of the six monthly period starting on the 1st April 2005, for calculating the excess referred to in column (4), 5/6th of the turnover of sales of the six monthly period is to be considered instead of the entire turnover of sales for that period.

(vi) The claimant dealer shall apply in the ‘Form-4’ appended to this notification for exercising the option to pay tax under the composition scheme. The application should be made to the assessing authority who was in charge of the case on the 31st March 2005 before the 15th June 2005 or as the case may be, to the registering authority at the time of application for Registration Certificate under the Act.

(vii) Subject to condition (iii), if the option to join the composition scheme is exercised, in any year then it can be changed only at the beginning of the next year.

(viii) The claimant dealer shall not be eligible to recover composition amount from any customer separately.

(ix) The claimant dealer is not a manufacturer or importer.

(x) The taxable goods resold are purchased from registered dealers.

(xi) Purchases of tax free goods may be from registered dealers as well as from unregistered dealers.

i) xii) Any other purchases from unregistered dealers are meant only for packing of goods resold.

(4)
Dealers in Second-hand Motor Vehicles
Sales of second-hand passenger motor vehicle whether or not sold after reconditioning or refurbishing by a registered dealer whose principal business is of buying or selling of motor vehicles.
The composition amount shall be calculated @ 12.5% on 15% of the sale price of the vehicle.
(i) Claimant dealer shall be certified by the Joint Commissioner of Sales Tax for the purpose of this entry.

(ii) The selling dealer proves to the satisfaction of the Commissioner that the Entry Tax in respect of the said vehicle has been paid, or that the said vehicle is registered at the time of purchase under the Central Motor Vehicle Rules, 1989 in the State of Maharashtra and accordingly, registration mark of this State was allotted to the said vehicle.

(iii) The claimant dealer shall not be eligible to claim set-off of tax paid or payable or, and of entry tax paid or payable, if any, on purchases of second-hand motor vehicle referred to in column(3) of this entry.

(iii) The claimant dealer shall apply in the ‘Form-5’ appended to this notification for exercising the option to pay tax under the composition scheme. The application should be made to the assessing authority who was in charge of the case on the 31st March 2005 before 15th June, 2005 or as the case may be, to the registering authority at the time of application for Registration Certificate under the Act.

(iv) The claimant dealer shall not issue ‘Tax Invoice’ in respect of sales of goods referred to in column (3) of this entry.

(v) The claimant dealer shall not be entitled to recover composition amount from any customer separately.



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