The Madhya Pradesh VAT (Amendment) Act, 2022 Dated 30-09-2022

(1) This Act may be called the Madhya Pradesh Vat (Amendment) Act, 2022. (2) The provision of Section 2 of this amendment Act shall be deemed to have come into force from 1st April, 2022 and remaining provisions of this amendment Act shall come into force from the date of its publication in the Madhya Pradesh Gazette.

In proviso to clause (y) of Section 2 of the Madhya Pradesh Vat Act, 2002 (No. 20 of 2002) (hereinafter referred to as the principal Act), for the letters and figure “F.L.4-A”, the letters and figure “FL2-AA” shall be substituted.

In Section 41 of the principal Act, the words bracket and figures “except those under sub-Section (2) of Section 64” shall be omitted.

For Section 64 of the principal Act, the following section shall be substituted, namely:- “64. Penalties - Where a person - (a) collects any amount by way of tax in contravention of the provisions of Section 12 or sub-section (1) of Section 35; or (b) claims input tax rebate in contravention of the provisions of sub-section (1) of Section 14; or (c) (i) fails to get himself registered as required by sub-section (1) or sub-section (2) of Section 17; or (ii) neglects to furnish any information as required by sub-section (8) of Section 17; or (d) fails, without sufficient cause, to submit any return as required by sub-section (1) of Section 18 or submits a false return or furnishes a false statement; or (e) without reasonable cause fails to pay the tax due within the time allowed; or (f) fails to keep accounts or records of sales or purchases in accordance with any requirement made by him under Section 39; or (g) fails or neglects to issue bill, invoice or cash memorandum or to keep or preserve the counter foil of the bill, invoice or cash memorandum as required under Section 40; or (h) knowingly produces incorrect accounts, registers or documents or knowingly furnishes incorrect information; or (i) refuse or fails to comply with any requirement made by him under Section 44 or Section 55; or (j) fails to file a declaration under Section 57; or (k) prevents or obstructs the interception or search of any vehicle or obstructs inspection of any goods under Section 57; or (l) prevents or obstructs the interception or search of any vehicle or obstructs inspection of any goods under Section 59 or 60; or (m) fails to file a declaration under Section 61; or (n) fails to furnish information or produce accounts, registers and documents under Section 62; or (o) fails to furnish information or statements as required by Section 63, or makes a false statement in a verification or declaration prescribed under this Act which he either knows or believes to be false or does not believe to be true, he shall be liable to pay penalty which may extend to Rs. 50,000 in each case, as may be imposed by the Commissioner, for such defaults, for which no penalty is separately provided for in the Act. Explanation—For the purpose of liability to pay penalty under this Section the expression dealer or person shall mean— (a) the partners in relation to a partnership concern; (b) the president and secretary of the managing body in relation to cooperative society; (c) the proprietor in relation to a proprietorship concern; (d) the karta or manager in relation to Hindu Undivided Family; and (e) the Secretary, manager and directors in relation to a company incorporated under the Companies Act, 2013 (No. 18 of 2013).”

Clause (x) of sub-section (2) of Section 71 of the principal Act, shall be omitted.