Extract of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017

MAHARASHTRA ACT No. XXXI OF 2017

(First published, after having received the assent of the Governor in the "Maharashtra Government Gazette", on the 15th April 2017).

An Act further to amend certain tax laws in operation in the State of Maharashtra.

further to amend certain tax laws in operation in the State of Maharashtra.

WHEREAS, it is expedient further to amend certain tax laws in operation in the State of Maharashtra, for the purposes hereinafter appearing; it is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :-

CHAPTER I

PRELIMINARY.

1. Short Title and Commencement

(1) This Act may be called the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017.

(2) Save as otherwise provided in this Act,-

(a) sections 3, 4, 5 and 6 shall come into force with effect form the 1st April 2017 ; and

(b) remaining sections shall come into force on the date of publication of this Act in the Official Gazette.

CHAPTER V

AMENDMENTS TO THE MAHARASHTRA VALUE ADDED TAX ACT, 2002.

8. Amendment of section 8 of Mah IX of 2005

In section 8 of the Maharashtra Value Added Tax Act, 2002 (Mah IX of 1976) (hereinafter, in this Chapter, referred to as "the Value Added Tax Act"), in sub-section (3D), for the words "with effect from the date specified in the order" the words "either prospectively or retrospectively" shall be substituted.

9. Amendment of section 23 of Mah IX of 2005

In section 23 of the Value Added Tax Act,-

(1) in sub-section (7),-

(a) for the portion beginning with the words "such assessment shall be" and ending with the words "to the Commissioner" the following shall be substituted, namely :-

"such assessment shall be made within a period of eighteen months, if the said order is made by the appellate authority in first appeal and in any other case, within a period of thirty-six months from the date of communication of such finding or direction contained in the said order to the assessing authority or, as the case may be, to the Commissioner";

(b) in the proviso, for the portion beginning with the words "the dealer concerned" and ending with the words "the period of thirty-six months" the following shall be substituted, namely :-

"the dealer concerned to the assessing authority or, as the case may be, to the Commissioner earlier than the said date of communication, then the said period of eighteen months or, as the case may be, of thirty-six months";

(2) in sub-section (11), after the second proviso, the following proviso shall be added, namely :-

"Provided also that, no application under this sub-section shall be entertained, in case the assessment order is passed, on or after the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017(Mah XXXI of 2017).".

10. Amendment of section 26 of Mah IX of 2005

In section 26 of the Value Added Tax Act,-

(1) in sub-section (5), in clause (a), after the proviso, the following proviso shall be added, namely :-

"Provided further that, in respect of any appeal against an order of assessment, wherein dealer was not able to attend or remain present before the assessing authority at the time of hearing when the assessment order had been passed, then the appellate authority in first appeal may set-aside the said assessment order,-

(i) within nine months from the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017(Mah XXXI of 2017), if the appeal is filed prior to the date of commencement of the said Act,

(ii) within six-months from the date on which the said appeal has been filed, if the appeal is filed on or after the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017(Mah XXXI of 2017),

and refer the case back to the assessing authority for making a fresh assessment under sub-section (7) of section 23.";

(2) after sub-section (6), the following sub-sections shall be inserted, namely :-

"(6A) No appeal against an order, passed on or after the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017(Mah XXXI of 2017), shall be filed before the appellate authority in first appeal, unless it is accompanied by the proof of payment of an aggregate of the following amounts, as applicable,-

(a) in case of an appeal against an order, in which claim against declaration or certificate, has been disallowed on the ground of non-production of such declaration or, as the case may be, certificate then, amount of tax, as provided in the proviso to sub-section (6),

(b) in case of an appeal against an order, which involves disallowance of claims as stated in clause (a) above and also tax liability on other grounds, then, an amount equal to 10 per cent. of the amount of tax, disputed by the appellant so far as such tax liability pertains to tax, on grounds, other than those mentioned in clause (a),

(c) in case of an appeal against an order, other than an order, described in clauses (a) and (b) above, an amount equal to 10 per cent. of the amount of tax disputed by the appellant,

(d) in case of an appeal against a separate order imposing only penalty, deposit of an amount, as directed by the appellate authority, which shall not in any case, exceed 10 per cent. of the amount of penalty, disputed by appellant :

Provided that, the amount required to be deposited under clause (b) or, as the case may be, clause (c), shall not exceed rupees fifteen crores.

(6B) No appeal shall be filed, before the Tribunal, against an order, which is passed on or after the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017 (Mah XXXI of 2017), unless it is accompanied by the proof of payment of an aggregate of following amounts, as applicable,-

(a) in case of an appeal against an order, in which claim against declaration or certificate has been disallowed on the grounds of non-production of such declarations or, as the case may be, certificates then, amount of tax, as provided in the proviso to sub-section (6),

(b) in case of an appeal against an order, which involves disallowance of claims as stated in clause (a) above and also tax liability on other grounds, then, an amount equal to 10 per cent. of the balance amount of disputed tax, so far as such tax liability pertains to tax, on grounds, other than those mentioned in clause (a),

(c) in case of an appeal against an order, other than an order, described in clauses (a) and (b) above, an amount equal to 10 per cent. of the balance amount of disputed tax,

(d) in case of an appeal against any other order, an amount, as directed by the Tribunal :

Provided that, the amount required to be deposited under clause (b) or, as the case may be, clause (c), shall not exceed rupees fifteen crores.

Explanation.- For the purposes of clause (b) or clause (c) of sub-section (6B), the expression, "balance amount of disputed tax" shall mean an amount of disputed tax, which remains outstanding, after considering the amount paid, as directed by the appellate authority in first appeal under clause (b) or, as the case may be, clause (c), respectively of sub-section (6A).

(6C) The appellate authority or, as the case may be, Tribunal shall stay the recovery of the remaining disputed dues, in the prescribed manner, on filing of an appeal under sub-section (6A) or, as the case may be, sub-section (6B).".

11. Amendment of section 27 of Mah IX of 2005

In section 27 of the Value Added Tax Act, in sub-section (2), in clause (a), for the words "one hundred and twenty days" the words "one hundred and eighty days" shall be substituted.

12. Amendment of section 30 of Mah IX of 2005

In section 30 of the Value Added Tax Act, after sub-section (4), the following sub-section shall be added, namely :-

"(5) The State Government may, from time to time, by notification published in the Official Gazette, subject to such conditions mentioned therein, remit the whole or any part of the interest, in respect of any period, payable by any prescribed class of registered dealers,-

(i) who were not able to pay the tax during the prescribed period, due to technical problems of the automation system of the Sales Tax Department, or

(ii) who obtained registration late.".

13. Amendment of section 37 of Mah IX of 2005

Section 37 of the Value Added Tax Act shall be renumbered as sub-section (1) thereof ; and after sub-section (1) as so renumbered, the following sub-section shall be added, namely :-

"(2) The first charge as mentioned in sub-section (1) shall be deemed to have been created on the expiry of the period specified in sub-section (4) of section 32, for the payment of tax, penalty, interest, sum forfeited, fine or any other amount.".

14. Amendment of section 40 of Mah IX of 2005

In section 40 of the Value Added Tax Act, after the words, brackets and figure "sub-section (6)" the word, brackets, figure and letter "or, as the case may be, sub-section (6C)" shall be inserted.

15. Amendment of section 44 of Mah IX of 2005

In section 44 of the Value Added Tax Act, after sub-section (5), the following sub-section shall be added, namely :-

"(6) Subject to the provisions of the Companies Act, 2013, where any tax or other amount recoverable under this Act from a private company, whether existing or wound up or under liquidation, for any period, cannot be recovered, for any reason whatsoever, then, every person who was a director of the private company during such period shall be jointly and severally liable for the payment of such tax or other amount unless, he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the said company.".

16. Amendment of section 53 of Mah IX of 2005

In section 53 of the Value Added Tax Act, in sub-section (1), after Explanation, the following sub-section shall be inserted, namely :-

"(1A) In case of refunds, which become due on or after the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017, the provisions of sub-section (1) shall be applicable, if the delay in granting refund is more than sixty days.".

17. Amendment to Schedule A appended to Mah IX of 2005

In SCHEDULE 'A' appended to the Value Added Tax Act, after entry 63, the following entry shall be added, namely :-

CHAPTER VII

AMENDMENT TO THE MAHARASHTRA TAX LAWS (LEVY, AMENDMENT AND VALIDATION) ACT, 2012.

19. Amendment of section 1 of Mah VIII of 2012

In the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2012, in section 1, in sub-section (2),-

(1) in clause (a), for the word and figures "sections 21" the words, bracket and figures "sub-section (1) of section 21" shall be substituted and shall always be deemed to have been substituted ;

(2) after clause (a), the following clause shall be inserted and shall always be deemed to have been inserted, namely :-

"(a-1) sub-section (2) of section 21 shall be deemed to have been come into force with effect from the 8th April 2011.".

CHAPTER VIII

VALIDATION AND SAVING.

20. (1) Notwithstanding anything contained in any judgment, decree or order of any Court or Tribunal to the contrary, any assessment or any action taken or thing done in relation to such assessment, under the provisions of the Maharashtra Tax on the Entry of Goods into Local Areas Act, 2002 (Mah IV of 2003) and the rules made thereunder (hereinafter, in this Chapter, referred to as "the law relating to the Entry Tax"), at any time before the commencement of the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 2017 (Mah. of 2017) (hereinafter, in this Chapter, referred to as "the Amendment Act"), if made within the time limit provided under section 23 of the Maharashtra Value Added Tax Act, 2002 (mah IX of 2006), as it exists on the date of such assessment, or any action taken or thing done in relation to such assessment, shall be deemed to be valid and effective as if such assessment or action taken or thing had been duly made, taken or done under the law relating to the Entry Tax, as amended by the Amendment Act, and accordingly, all acts, proceedings or things done or taken by the State Government or by any officer of the State Government or by any other authority in connection with the assessment, shall, for all purposes, be deemed to be, and to have always been done or taken in accordance with the law.

(2) For the removal of doubts, it is hereby declared that nothing in subsection (1) shall be construed as preventing a person, from questioning in accordance with the law relating to the Entry Tax, as amended by the Amendment Act, any assessment referred to in sub-section (1).