Amendment of section 42 of Mah. IX of 2005

In section 42 of the Value Added Tax Act,—

1. (1) sub-section
2. (1) shall be deleted;
3. (2) in sub-section (2), the portion beginning with the words “who are running any eating house” and ending with the words “or vendors” shall be deleted;
4. (3) after sub-section (2), the following sub-section shall be added and deemed to have been added with effect from the 1st April 2010, namely:— “(3B)The registered dealers, who had undertaken the construction of flats, dwellings or buildings or premises and transferred them in pursuance of an agreement along with the land or interest underlying the land and where,—
   • (a) such agreement is registered on or before the 31st May 2017; and
   • (b) the works contract activity in respect of aforesaid agreement is continued on or after the date notified for the purpose of the Maharashtra Goods and Services Tax Act or, as the case may be, payment is received, then notwithstanding anything contained in sub-section (3A) or, as the case may be, in the Notification, Finance Department, No. VAT/2015/CR-65/Taxation.-1 dated the 9th July 2010, but subject to the conditions stated in column
5. (3) at Serial Number
6. (3) to
7. (5) and
8. (7) of the aforesaid notification, the said dealer shall,—
   • (i) determine the composition amount in lieu of tax payable on the transfer of the goods (whether as goods or in some other form), in execution of the works contract under the Act, at one per cent. of the payment received in respect of said flats, dwellings or buildings or premises till the date immediately preceding the date on which the Maharashtra Goods and Services Tax Act comes into force, and deduct the amount so determined from the composition amount paid as per the aforesaid notification, and
   • (ii) take the credit into the electronic credit ledger prescribed under the Maharashtra Goods and Services Tax Act of the balance unutilized amount remained on the date on which the Maharashtra Goods and Services Tax Act comes into force.” ;
9. (4) sub-sections (3), (3A) and
10. (4) shall be deleted.