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MVAT applicabiltiy for goods supplied to MSEDCL

This query is : Resolved 
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(Querist)
01 December 2009
As per the MVAT Rule, any goods supplied to MSEDCL, the rate of tax capped to @4%. In case of Rural Electrification works of Turnkey project, the goods will be supplied by the sub-vendors of main contractor. In such case the Capped rate of tax4% is applicable to sub-vendors also or not. If it is possible please provide the relevant authority.
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Amit Sheode

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Amit Sheode (Expert)
02 December 2009 No. Basically the concessional rate of tax of 4% is due to provisions in Sec 8(5) wherein a licensed electricity distribution company is entitled to sale or purchases made to MSEDCL.
In case of subcontract the sale is to contractor & not MSEDCL. Hence the best course in such cases is that the contractor owns up the liability & issues suitable form 406-409 to the subcontractor.
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