Maharashtra VAT Rules

Method Of Payment.

1. Every payment of tax or interest or penalty or all of them payable under rule 28 and the amount of balance of tax payable according to a return or revised return and penalty and interest payable under rule 28 shall be accompanied by a return-cum-chalan.
2. Every payment of tax or interest or penalty or all of them not referred to in sub-rule (1) and every payment of amount forfeited, composition money and fine imposed shall be accompanied by a chalan.
3. The Form accompanying the payments as aforesaid shall be duly filled in, signed and verified by the payer and the amount paid shall be stated both in words and in figures in the space provided for that purpose in the respective Form.
4. The payments shall be made into Government Treasury. The portion of the concerned Form marked ''for the payer'' shall be returned by the Government Treasury to the dealer duly receipted, and the portion of the Form marked ''for the registering authority'' shall be forwarded by the Government Treasury to the registering authority specified in rule 14.
5. Subject to the provisions of section 33 and 34, no payment as aforesaid shall be made to any officer or authority appointed by or under section 10.
6. The instalments granted, if any, under one order shall be for a period not exceeding one year. The periodicity of payments shall not be more than monthly. The instalments shall be granted for an amount inclusive of the interest chargeable, on the amount of tax under instalment.

Claim and grant of set-off in respect of purchases held in stock in the appointed day,

1. While assessing the amount of tax payable by any registered dealer in respect of any period starting on or after the 1st April 2005 but ending on or before the 31st March 2006, the Commissioner shall in respect of the purchases or, as the case may be, entry of any goods made by the registered dealer (hereinafter in this rule referred to as "the claimant dealer"] at any time on or before the 31 st March 2005 and held in stock by him on 31st March 2005 at the close of business, grant him a set-off of an amount equal to the aggregate of the following sums that is to say,--
   1. in respect of the said purchases covered by the Bombay Sales Tax Act, 1959, a sum calculated in accordance with rule 44D of the Bombay Sales Tax Act, 1959, as the rule stood immediately before the appointed day, if the conditions specified in the said Act and Rule are fulfilled.
   2. in respect of purchases covered by any of the earlier laws other than the Bombay Sales Tax Act, 1959, a sum collected separately from the claimant dealer by the other registered dealer or, as the case may be, person holding licence, by way of tax on the purchase made by him from the other registered dealer or, as the case may be, person holding licence, of the said goods.
   3. any sum paid by the dealer on his purchases or, as the case may be, the entry of goods, under the Maharashtra Tax on Entry of Motor Vehicles into the Local Areas Act, 1987 or the Maharashtra Tax on the Entry of Goods into the Local Areas Act, 2002.
2. No set-off shall be allowed under this rule -
   1. in respect of any purchase or entry of goods if the claimant dealer has claimed set-off, drawback or, as the case may be, refund in respect of the said purchase or entry under any earlier law, and
   2. unless the goods are resold on or after the 1st April 2005 and on or before the 31st December 2005 or are used in the packing of goods so resold.
   3. in respect of goods treated as capital assets unless the said assets are purchased on or after the 1st April 2003 or their entry in the State has taken place on or after the 1st April 2003 and are resold on or before the 31st December 2005.
3. The set-off under this rule shall be claimed
   1. in respect of capital assets only when they are resold and such claim shall be made in the return for the period in which the said capital assets are resold and
   2. in respect of other goods in the period starting on the 1st April 2005.
4. The set-off under this rule shall not be granted unless the claimant dealer has complied with the requirements of the notification issued under section 84.