The Mizoram Value Added Tax (Amendment) Act, 2017

This Act may be called The Mizoram Value Added Tax (Amendment) Act, 2017.

This Act shall come into force from the date of commencement of the Mizoram Goods and Services Tax Act, 2017.

In the Preamble of the Mizoram Value Added Tax Act, 2005 (Act No. 1 of 2005) (hereinafter referred to as the Principal Act), the words “or purchase (s)” shall be omitted.

In section 2 of the Principal Act: – (1) clauses (8), (10), (12), (17), (26), (39), (41) shall be omitted. (2) clause (15), shall be substituted by the following, namely – “(15)”goods” means goods specified under Entry 54 of List II of the Seventh Schedule to the Constitution of India.” ” (3) in clause (20), the words “or purchase” shall be omitted. (4) after clause (28), a new clause 28A shall be inserted as follows, namely, “(28A). “Schedule” means the Schedule appended to this Act.” ”

In section 7 of the Principal Act:- (1) in clause (a) of sub-section (1), the word “or contractual transfer price” shall be omitted. (2) in sub-clause (i) of clause (b) of sub-section (1), the word “or contractual transfer price” shall be omitted. (3) clauses (c) and (d) of sub-section (5) shall be omitted.

In section 8 of the Principal Act: – (1) sub-section (1) shall be substituted by the following, namely, “(1) “The tax payable by a dealer liable to pay tax under section 7 of the Act shall be levied on his taxable turnover in respect of goods specified in the ‘Schedule’, at the first point of sale of such goods within the State, at the rate or rates specified therein.” (2) in sub-section (2), the words “or taxable contractual transfer price” and “or contractual transfer price” shall be omitted. (3) in sub-section (2), clause (a), clause (b) and clause (c) shall be omitted.

Section 9 of the Principal Act shall be omitted.

Section 10 of the Principal Act shall be omitted.

In section 11 of the Principal Act: – (1) in sub-section (1), for the words “Schedule II”, the word “Schedule” shall be substituted. (2) sub-section (2) shall be omitted.

Section 12 of the Principal Act shall be omitted.

In section 13 of the Principal Act: – (1) sub-section (1) shall be substituted by the following, namely, “The net tax payable by a registered dealer for a tax period shall be equal to the output tax payable for the said tax period, where the output tax is the tax at the first point of sale which can be determined from the following formula: Net Tax Payable = Rate of Tax x Balance of gross turnover after making deduction there from under section 8 _______________________________________ 100 + Rate of tax ” (2) sub-section (3) shall be omitted.

Section 14 of the Principal Act shall be omitted.

Section 15 of the Principal Act shall be omitted.

Section 16 of the Principal Act shall be omitted.

Section 18 of the Principal Act shall be omitted.

After section 21, a new section 21A shall be inserted as follows, namely – “21A. All registered dealers not dealing with goods defined under clause (15) of section 2 of the Act shall be deemed to be deregistered from the date this Amendment Act is come in to force and their registration certificates shall stand cancelled thereafter.”

In section 24 of the Principal Act: – (1) in sub-clause (iii) of clause (c) of sub-section (1), for the figure “2%”, the figure “0.5%” shall be substituted. (2) in sub-section (2), for the figure “2%”, the figure “0.5%” shall be substituted.

Sub-section (2) of section 25 of the Principal Act shall be omitted.

In section 31 of the Principal Act:- (1) in clause (c), sub-section (1), the word “input tax credit” shall be omitted. (2) clause (c) of sub-section (7) shall be omitted.

Clause (e) of sub-section (1) of section 34 of the Principal Act shall be omitted.

In sub-section (5) of section 37 of the Principal Act, for the figure “2%”, the figure “0.5%” shall be substituted.

In sub-section (4) of section 45 of the Principal Act, for the words “two percent”, the figure “0.5%” shall be substituted.

Section 48 of the Principal Act shall be omitted.

Clause (a) and (d) of sub-section (2) of section 50 of the Principal Act shall be omitted.

Section 53 of the Principal Act shall be omitted.

After sub-section (1) of section 82 of the Principal Act, a new sub-section (1) A shall be inserted namely- “(1)A. A registered dealer who would have continued to pay tax under the The Mizoram (Sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation Act, 1973, as repealed by the Mizoram Goods and Services Tax Act, 2017, had this amendment Act not come into force, and who makes an application for registration in terms of this Act, shall be deemed to be a registered dealer till fresh registration is granted to him under this Act.”

Section 84 of the Principal Act shall be omitted.

In section 85 of the Principal Act:– (1) clause (b) of sub-section (1) shall be omitted. (2) in sub-section (2), the words “and payment may, notwithstanding anything contained in sub-section (1), be made to such dealer for execution by him of a works contract referred to in section 7 on production by him of such certificate of the Commissioner” shall be omitted.

Schedule I, Schedule II and Schedule III of the Principal Act shall be substituted by the following Schedule, namely:- The Schedule (See Section 11) Sl. No. Description of Goods Rate of Tax 1. High Speed Diesel 12% 2. Motor Spirit (Commonly known as petrol) 20% 3. Petroleum Crude 5% 4. Aviation Turbine Fuel a) From every dealer on his turnover from sale of ATF to a turbo-prop Aircraft) 4% b) From sale other than above 20% 5. Natural gas 5% 6. Alcoholic Liquor for human consumption 16%