In exercise of the powers conferred by sub-section (5) of section 8 of the Maharashtra Value Added Tax Act, 2002 (Mah IX of 2005), and in supersession of the Government notification, Finance Department, No.VAT-1505/CR-192/Taxation-1 dated the 19th April, 2007, the Government of Maharashtra hereby with effect from 1st February 2008 exempts, the class or classes of sales, specified in column (2) of the schedule appended hereto, from payment of tax in excess of five percent of the sale price subject to the conditions and restrictions, if any, specified in column (3) of the said schedule.
Schedule
a) to a registered dealer being a electric power generating company as defined in the Electricity Act, 2003, or
b) to a registered dealer holding a licence for transmission of electricity under the Electricity Act, 2003, or
c) to a registered dealer holding a licence for distribution of electricity under the Electricity Act, 2003.
(ii) The authorized officer of the organisation referred to in column (2) shall, by the end of April, furnish a Statement of account of purchases effected in the immediate preceding financial year, in the proforma appended to this order.
(iii) The purchasing Organisations referred to in column (2) shall be certified by the Joint Commissioner of Sales Tax (Registration), Mumbai, in case of dealers registered in Mumbai and in all other cases by the concerned Joint Commissioner of Sales Tax (VAT Administration), on application and the said certificate shall be liable for cancellation on breach of any of the conditions.
(a) to the Mahanagar Telephone Nigam Limited or
(b) to the Bharat Sanchar Nigam Limited, or
(c) to any other telephone service provider, holding a licence granted under the Indian Telegraph Act, 1885 (13 of 1885) or Indian Wireless Telegraphy Act, 1933 (17 of 1933) to establish, maintain and operate:-
(i) telephone services upto the subscriber's terminal connection, or
(ii) national long distance service network, or
(iii) international long distance service network, or
(d) to the Telecom Infrastructure provider who has been granted registration certificate by the Department of Telecommunications, as infrastructure Provider Category-1 (1P-I).
(ii) The authorized officer of the organisation referred to in column (2) shall, by the end of April, furnish a Statement of accounts of purchases effected in the immediate preceding financial year, in the proforma appended to this order.
(iii)The purchasing organisations referred to in column (2) shall be certified by the Joint Commissioner of Sales Tax (Registration), Mumbai, in case of dealers registered in Mumbai and in all other cases by the concerned Joint Commissioner of Sales Tax (VAT Administration), on application and the said certificate shall be liable for cancellation on breach of any of the conditions.
Note.- A dealer having his principal place of business in Mumbai shall furnish the Statement of Accounts to the Joint Commissioner of Sales Tax ( Registration) and in any other case to the Joint Commissioner of Sales Tax (VAT Administration) having jurisdiction over the principal place of business of the dealer.
PROFORMA
Statement of Account of Purchases in Financial Year.........
Certificate
The purchases effected by the organization, of which I am authorized signatory, are indicated in the statement given above. The information given therein is from the books of accounts maintained by the organization for the Financial Year ________ . The above information is correct and complete and it also tallies with the books of accounts of the said organization.