Maharashtra Value Added Tax (Fourth Amendment) Rules, 2016

FINANCE DEPARTMENT
Madam Cama Road, Hutatma Rajguru Chowk,
Mantralaya, Mumbai 400 032, dated the 6th August 2016
NOTIFICATION
MAHARASHTRA VALUE ADDED TAX ACT, 2002.
No. VAT.1516/CR-85/Taxation-1.— Whereas, the Government of Maharashtra is satisfied that circumstances exist which render it necessary to take immediate action further to amend the Maharashtra Value Added Tax Rules, 2005 and to dispense with the condition of previous publication thereof under the proviso to sub-section (4) of section 83 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005);
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) read with the proviso to sub-section (4) of section 83 of the said Act, and of all other powers enabling it in this behalf, the Government of Maharashtra and hereby, makes the following rules further to amend the Maharashtra Value Added Tax Rules, 2005, namely :—
1.     (1) These rules may be called the Maharashtra Value Added Tax (Fourth Amendment) Rules, 2016.
(2) It shall come into force on the date of publication in the Official Gazzette.
2.      In rule 52A of the Maharashtra Value Added Tax Rules, 2005 (hereinafter referred to as ” the principal Rules”),–
(1)  for the marginal note, the following shall be substituted, namely :—
“Set-off in respect of goods manufactured by certain dealers covered under the various packages scheme of incentives :—”;
(2)  in sub-rule (1), for the portion beginning with the words, “If the claimant dealer” and ending with the words and sign , “to the extent of aggregate of,-“, the following shall be substituted, namely:- “If the claimant dealer has purchased goods (other than the declared goods) which are originally manufactured by,–
(i)    the Mega Unit or, as the case may be, the Ultra Mega Unit, holding valid Identification Certificate under the Act, or
(ii)    the Very Large Unit or, as the case may be, the Mega Unit holding valid Certificate of Entitlement under the Act, to whom benefits by way of deferment of payment of tax under Package Scheme of Incentives 1993 has been granted,
then he shall be entitled to claim set-off in respect of the said goods only to the extent of aggregate of,-“
3. For rule 83A of the Principal Rules, the following rule shall be substituted namely :—
“83A. Declaration .– (1) For the purpose of sub-section (3) and clause (i) and (ii) of sub-section (3A) of section 89, the declaration to be issued by the Mega Unit under the Package Scheme of Incentives, 2001 or the Package Scheme of Incentives, 2007 or the Package Scheme of Incentives, 2013 or by the Ultra Mega Unit under the Package Scheme of Incentives, 2013 or by the Very Large Unit or, as the case may be, the Mega Unit which has been granted benefits by way of deferment of payment of tax, holding a valid Certificate of Entitlement under the Package Scheme of incentives, 1993, shall be as under :—
DECLARATION
[See sub-section (3) and clause (i) and (ii) of sub-section (3A) of section 89 of MVAT Act, 2002]
I/We hereby declare that taxes in respect of the sales evidenced by this invoice are collected separately and
*(a)   I/We, am/are entitled for the Industrial Promotion Subsidy as provided for Mega Units under Package Scheme of Incentives, 2001 or Package Scheme of Incentives, 2007 or the Package Scheme of Incentives, 2013 or, as the case may be, for the Ultra Mega Unit under the Package Scheme of Incentives, 2013, I/We, am/are holder of Identification Certificate bearing No.~~~~ duly granted to me/us.
*(b)   I/We, am/are Very Large Unit / Mega Unit which has been granted benefits by way of deferment of payment of tax, holding a Certificate of Entitlement under the Package Scheme of Incentives, 1993 and I/We, am/are holder of the Certificate of Entitlement bearing No.~~~~ duly granted to me/us and my/our such immediate purchaser or subsequent purchaser, shall be entitled to claim set-off in respect of the said transaction as per the provisions contained in rule 52A of the Maharashtra Value Added Tax Rules, 2005.
Authorized Signatory
Name :
Designation :
(2) For the purposes of sub-section 3 and clause (iii) of sub-section (3A) of section 89, the declaration to be issued by the immediate purchaser or, as the case may be, subsequent purchasers who has/have purchased the goods which are originally manufactured by the Mega Unit or the Ultra mega Unit which is entitled for Industrial Promotion Subsidy or by the Very Large Unit or, as the case may be, the Mega Unit which has been granted benefits by way of deferment of payment of tax , shall be as under :—
DECLARATION
[See sub-section (3) and clause (iii) of sub-section (3A) of section 89 of MVAT Act, 2002]
I/We hereby declare that the sale evidenced by this invoice is in regard to the goods that are originally manufactured by
*(a)   the Mega Unit or the Ultra Mega unit which is entitled for Industrial Promotion Subsidy.
*(b)   the Very Large Unit / Mega Unit which has been granted benefits by way of deferment of payment of tax under the Package Scheme of Incentives, 1993.
Therefore, I/we being the immediate purchaser or my/our subsequent purchasers shall be entitled to claim the set-off in respect of the said transaction as per provisions contained in rule 52A of the Maharashtra Value Added Tax Rules, 2005.
Authorised Signatory
Name :
Designation :
(3) Nothing in this rule shall be applicable in respect of the declared goods as specified in the Central Sales Tax Act, 1956.”.
By order and in the name of the Governor of Maharashtra,
R. D. BHAGAT,
Deputy Secretary to Government.
*Strike out whichever is not applicable