mvat on ayurvedic medicines

Mahavat 5178 views 4 replies

As per circular No.VAT-2005/Act/VD-1 Mumbai Dt : 1.4.2005
 
Trade Cir.-1T of 2005, only manufacturers and importers of medicine need to pay mvat on medicines listed under entry no.29 of schedule C. 

 
The wholesalers, distributors, stockists, semi-wholesalers and retailers etc. should not show the turnover of sales and of purchases relating to medicines in their periodic returns. Sales of medicines in the hands of such dealers would not attract the levy of tax.It is possible that some of such dealers would be dealers in items other than medicines. If such be the case, then, ofcourse, they will have to show the turnover of sales and of purchases relating to items other than medicines in their periodic returns. On such sales of items other than medicines, they would be liable to pay tax at the appropriate rates. On the corresponding purchases they would be eligible to claim set-off in the normal manner.
 
Querry- now does this circular stand till date with the exact meaning as above or there has been any amendment. if yes pls quote the circular no. and date. 
  
in order to find the sales tax included in mrp for sale of goods other than medicines, wherein an ayurvedic medicine shop sells general items such as packaged snack food items, cosmetics, ice-cream, colddrinks, etc., whether the vat working needs to be done as under:-
 
mrp rs.100/- vat class 5% hence, if mrp is inclusive of taxes,vat included in mrp would be
mrp*vat rate/105 i.e. 100*5/105=4.76/-. now suppose the same item was purch at rs.90/- & rs.3/- vat was paid on the same, whether the net sales tax payable is rs.1.76/-
 
pls advise in case of a retailer/reseller of ayurvedic medicines & general strs items who is

not presently under the composite scheme

1) whether no mvat is payable on sale of ayurvedic medicines purchased from registered dealers, wherein the mvat has been paid at the time of purchases & hence no set off to be claimed. also turnover of sales & purchases of ayurvedic medicines to be excluded  in mvat returns.

2) whether the above calculation on sale of general items is correct and mvat payale accordingly.

pls advise.

regards,

parag
 

Replies (4)

Maharashtra Vat -Trade Circulars - Year - 2007

8th floor, Vikrikar Bhavan,
Mazgaon, Mumbai 400010.
TRADE CIRCULAR
To
..........................................
..........................................

No.VAT/ROT/1006/116/Adm-3 
Mumbai, dated 03.01.2007
Trade Circular No. 1 T of 2007

Sub: Taxation of Medicine under the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) -
Special Provisions regarding taxation of Medicines.


Ref: 1) No. VAT-2005/Act/VD-1, Mumbai, dt.1.4.2005 Trade circular No. 1T of 2005.
2) No. VAT-2005/Act/VD-1 Mumbai, dt.19.5.2005 Trade circular No. 7T of 2005.
3) No. VAT-2005/Act/VD-1 Mumbai, dt.20.9.2005 Trade circular No. 28T of 2005.
4) No. VAT-2005/ROT/116 Mumbai, dt.13.11.2006 Trade circular No. 35T of 2006.
5) Order No. 946(E) dated 26th June 2006 by Department of Chemicals and Petrochemicals, Ministry of Chemicals and fertilizers, Government of India.

Gentlemen / Sir / Madam,

As per the provisions contained in Explanation IV to clause (25) of section 2 of Maharashtra Value Added Tax Act, 2002, the sale price for the drugs specified in entry 29 in Schedule-C is ‘maximum retail price printed on the package containing drugs’. The dealers in drugs and medicines are accordingly required to levy and collect tax on MRP printed on the package containing the drugs. It has also been clarified by the circular at reference No.1 that only the manufacturers and importers need pay tax on their sales.

2. The Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers, Government of India has issued order No. 946(E) dated 26th June, 2006 making it mandatory for all the drug manufacturers to print maximum retail prices of medicine inclusive of all taxes w.e.f. 2nd October, 2006, for drugs manufactured on or after 2nd October, 2006.

3. Now as per this order, the MRP printed on the package containing drugs and medicines has to be inclusive of all taxes including sales tax or VAT. This necessitates amendment in the Maharashtra Value Added Tax Act, 2002. Till such suitable amendment is effected, the manufacturers and importers of Drugs should pay taxes on MRP after claiming deduction in accordance with the provision contained in sub-rule (1) of rule 57 of the Maharashtra Value Added Tax Rules, 2005. The Trade circulars referred to above will continue to be applicable till the Act is amended.

4. This circular is clarificatory in nature. If any member of the trade has any doubt, he may refer the matter to this office for further clarification.

5. You are requested to bring the contents of this circular to the notice of all the members of your association.

Yours faithfully,
(B.C.KHATUA)
Commissioner of Sales Tax,
Maharashtra State, Mumbai

All Ayurvedic Product are available and all Grocery product are available.

so please visit us: https://www.sitandshop.in

All Ayurvedic Product are available and all Grocery product are available.

so please visit us: https://www.sitandshop.in

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