Maharashtra Value Added Tax Act, 2002.
.- In exercise of the powers conferred by sub-section (3)(C) of section 8 of the Maharashtra Value Added Tax Act, 2002 [Mah. IX of 2005], the Government of Maharashtra hereby, amends the Government Order, Finance Department No.VAT-1507/CR-70/Taxation-1, dated the 21st February 2008, as follows, namely:-
In the Schedule appended to the said Order in column (2), after condition number (2), the following conditions shall be added, namely:-
(3) The set-off admissible for the period starting from the 1st April 2005 to the dealer,-
(i) In respect of goods referred to in column No.(1) and consumables and packing materials used for the said processing or packing, shall be of tax in excess of the amount calculated at the rate notified, from time to time by the Central Government for the purposes of sub-section (1) of section 8 of the Central Sales Tax Act, 1956 on the said purchase price.
(ii) In respect of capital assets used exclusively for the processing of textiles, set-off shall be as per rule 52.
(4) If the tax has been paid or otherwise recovered in part or full during the period starting on the 1st April 2005 and ending on the 21st February 2008, on the transfer of property in the said goods then the exemption shall be subject to the following conditions:-
(a) where tax is paid or recovered in full, then no exemption shall be granted; or
(b) where tax is paid or recovered in part, then the exemption shall be restricted to the extent of unpaid tax; or
(c) in case the taxes are collected partly and the said taxes are not paid then in such cases, the taxes so collected, shall be required to be deposited within 30 days from the date of issue of this order and the exemption shall be admissible to the extent of taxes not collected subject to payment as aforesaid.
(5) If because of condition (4) exemption is not available in full or part, then set-off in respect of the
purchases of goods shall be granted in full or, as the case may be, in part to the extent to which
exemption is not available.
By order and in the name of the Governor of Maharashtra.
Officer on Special Duty to Government.