MAHARASHTRA VALUE ADDED TAX, 2002


Sections

Heading of The Section

PRELIMINARY

1

Short title

2

Definitions

INCIDENCE AND LEVY OF TAX

3

Incidence and levy of tax

4

Tax payable

5

Tax not leviable on certain goods

6

Levy of sales tax on the goods specified in the Schedules

6A

Purchase tax payable on purchases of cotton

6B

Purchase tax payable on purchases of oil seeds

7

Rate of tax on packing materials

8

Certain sales and purchases not to be liable to tax

9

Amendment of Schedule

SALES TAX AUTHORITIES AND TRIBUNAL

10

Sales Tax Authorities

11

Tribunal

12

Actions against any authority for vexatious order or wilful under assessment

13

Persons appointed under section 10 and members of Tribunal to be public servant

14

Powers of Tribunal and Commissioner

15

Indemnity

REGISTRATION

16

Registration

17

Fresh Registration

18

Information to be furnished regarding changes of business

19

Dealer to declare name of manager of business and P.A.N.

RETURNS AND ASSESSMENT

20

Returns and self assessment

21

No notice for assessment in certain cases* deleted w.e.f.1st April 2005

22

Audit

23

Assessment

24

Rectification of mistakes

25

Review

26

Appeals

26A

Regulating filing of appeal by Commissioner

27

Appeal to High Court

28

Classification of turnover

PENALTY AND INTEREST

29

Imposition of penalty in certain instances

30

Interest payable by a dealer or person

PAYMENT OF TAX AND RECOVERY

31

Deduction of tax at source

31A

Collection and payment towards tax

32

Payment of tax, etc

33

Special mode of recovery

34

Special powers of Sales Tax authorities for recovery of tax as arrears of land revenue

35

Provisional attachemnt to protect revenue in certain cases

36

Continuation and validation of certain recovery proceedings

37

Liability under this Act to be the First charge

38

Transfer to defraud revenue void

39

Rounding of tax etc

40

Adjustment of any payment

41

Exemption and refund

42

Composition of tax

43

Applicability of all the provisions of this Act or any earlier law to person liable to pay tax under this Act

44

Special provision regarding liability to pay tax in certain cases

45

Certain agents liable to tax for sales on behalf of principal

46

Liability of firms and partners

47

Amalgamation or demerger of companies

SET OFF, REFUNDS ETC.

48

Set off, refund etc

49

Refund of tax on declared goods sold in the course of inter-state trade or commerce

50

Refund of excess payment

51

Grant of refunds

52

Interest on refund

53

Interest on delayed refund

54

Power to withhold refund in certain cases

PROCEEDINGS

55

Advance ruling

56

Determination of disputed questions

57

Agreement to defeat the intention and application of the Act to be void

58

Special provisions for statutory orders pertaining to a period shorter or longer than a year

59

Power to transfer proceedings

60

Prohibition against collection in certain cases

61

Accounts to be audited in certain cases

62

Assessment proceedings etc not to be invalid on certain grounds

LIABILITY TO PRODUCE ACCOUNTS E.T.C.

63

Accounts

64

Production and inspection of accounts and documents and search or premises

65

Cross-checking of transactions

66

Survey

67

Establishment of check posts and barriers

68

Transit of goods by road through the Sate and issue of transit pass

69

Automation

STATISTICS

70

Power to collect statistics

71

Disclosure of information by a public servant

72

Failure to furnish information which is required under section 70

73

Publication and disclosure of information respecting dealers and other persons in public interest

OFFENCES AND PENALTIES

74

Offences and Penalties

75

Offences by business entity

76

Cognizance of offences

77

Investigation of offences

78

Compounding of offices

MISCELLANEOUS

79

Fee on appeal and certain other applications

80

Application of Section 4 and 12 of Limitation Act

81

Extension of period of limitation in certain cases

82

Appearance before any authority in proceeding

83

Power to make rules

84

Declaration of Stocks of goods held on the appointed day

85

Bar to certain proceedings

86

Tax invoice and Memorandum of sales or purchases

87

On and after specified dates certain prescribed forms to be obtained from prescribed authority

PACKAGE SCHEME OF INCENTIVE

88

Definition

89

Grant of certificate of Entitlement or as the case may be, Identification Certificate

90

Cancellation of Certificate of Entitlement

91

Changes in the nature of incentives

92

Annual ceiling on benefits to be availed of under Packege Scheme of Incentives

93

Proportionate incentives to an Eligible Unit in certain contingencies

93A

Application of provisions of Section 93 to certain Eligible Units

94

Deemed payment

95

Repeals

96

Savings

97

Construction of references in any repealed law to officers, authorities etc.

98

Removal of difficulties