Chapter III AMENDMENTS TO THE MAHARASHTRA VALUE ADDED TAX ACT, 2002

In section 30 of the Value Added Tax Act, in sub-section (2), after the proviso, the following proviso shall be added, namely:— “ Provided further that, in case a dealer files an annual revised return, as provided under clause

1. (b) or, as the case may be, clause
2. (c) of sub-section

1. (4) of section 20, then the interest shall be payable on the excess amount of tax, as per such annual revised return, from the dates mentioned in column
2. (2) of the Table, till the date of payment of such excess amount of tax. TABLE

Registration status in the year for which annual revised return is filed Interest to be computed from

1. (1) (2)
   • (a) Dealer, holding certificate of registration for whole year. 1st October of the year, to which the annual revised return relates.
   • (b) Certificate of registration granted, effective from any date up to the 30th September of the year to which revised return relates. 1st October of the year, to which the annual revised return relates.
   • (c) Certificate of registration cancelled, effective on any date after the 30th September of the year to which revised return relates. 1st October of the year, to which the annual revised return relates.
   • (d) Certificate of registration granted, effective from any date after the 30th September of the year to which revised return relates. effective date of registration.
   • (e) Certificate of registration cancelled, effective on any date prior to the 30th September of the year to which revised return relates. effective date of cancellation of registration.”.

In section 44 of the Value Added Tax Act, after sub-section(4), the following sub-section shall be inserted, namely:— “(4A)For the purposes of this Act, in case of amalgamation, merger or, as the case may be, demerger, the transfer of business shall be deemed to have taken effect either from,

1. (i) the date of the order of the High Court, the Tribunal or the Central Government, or
2. (ii) the date on which the Registrar of Companies notifies the amalgamation, merger or as the case may be, demerger, as opted by the company.”.

In section 47 of the Value Added Tax Act,—

1. (1) in sub-section(1),—
   • (a) for the word “Court” the words “Court, Tribunal ” shall be substituted;
   • (b) for the words “ending on the date of the order,” the words “ending on the date, as opted by the company, to be the date of the order or the date on which the Registrar of Companies notifies the amalgamation,” shall be substituted;
2. (2) in sub-section (2), for the words “the date of the said order” in both the places where they occur, the words“such date, as opted by the company under sub-section (4A) of section 44” shall be substituted;
3. (3) in sub-section(2A),—
   • (a) in clause (a),—
     • (i) for the word, “Court” the words “Court, Tribunal ” shall be substituted;
     • (ii) for the words “order to the date of the order” the words “order to the date, as opted by the company, to be the date of the order or the date on which the Registrar of Companies notifies the demerger” shall be substituted;
   • (b) in clause (b), for the words “ the date of the said order” wherever they occur, the words “such date, as opted by the company under sub-section (4A) of section 44” shall be substituted.

In Schedule C appended to the Value Added Tax Act,—

1. (1) in entry 4, the followingExplanation shall be added andshall be deemed to have been added with effect from the 1st April 2005, namely:— “Explanation.—For the purposes of this entry, as it stood from time to time, the “sewing thread” shall include embroidery thread.”;
2. (2) in entry 91, the followingExplanation shall be added and shall be deemed to have been added with effect from the 1st April 2005, namely :— “Explanation.—For the purposes of this entry, as it stood from time to time, “spices” shall include spices in all forms, varieties and mixtures of any of the spices.”.