Maharashtra Value Added Tax (Amendment) Act, 2011

 
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[Act No VII of 2011]

[03 April, 2011]

An Act

An Act further to amend the Maharashtra Value Added Tax Act, 2002

WHEREAS the Both House of the State Legislature are not in session;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which render it necessary for him to take immediate action further to amend the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) for the purpose hereinafter appearing;

and, therefore, promulgated the Maharashtra Value added Tax (Amendment) Ordinance 2011 (Mah. Ord. VII of 2011), on the 10th March, 2011;

AND WHEREAS it is expedient to replace the Ordinance by an Act of the State Legislature; it is hereby enacted in the Sixty second Year of the Republic of India as follows:-

Section 1 - Short title and Commencement

(1) This Act may be called the Maharashtra Value added Tax (Amendment) Act, 2011.

(2) It shall be deemed to have come into force on the 10th March, 2011.

Section 2 - Amendment of section 88

In Section 88 of the Maharashtra Value Added Tax Act, 2002 (Mah. IX of 2005) (hereinafter referred to as "the Principal Act"),-

(a) after clause (a), the following clause shall be inserted, namely:-

"(a-1) "Identification Certificate" means a Certificate issued by the Commissioner to a Mega Unit covered under the Package Scheme of Incentives-2001 or, as the case may be, Package Scheme of Incentives-2007;";

(b) in clause (e) after the words and figures "Power Generation Promotion Policy, 1998" the words and figures,", the Package Scheme of Incentives-2001 or as the case may be, Package Scheme of Incentives-2007" shall be inserted.

Section 3 - Amendment of section 89

In Section 89 of the Principal Act,-

(i) for the words "Certificate of Entitlement", wherever they occur, the words "Certificate of Entitlement or, as the case may be, Identification Certificate" shall be substituted;

(ii) after sub-section (2), the following sub-sections shall be added, namely:-

"(3) (a) An invoice issued by a Mega Unit holding a valid Identification Certificate granted to it, by the Commissioner, shall, in respect of the goods other than declared goods covered by the Eligibility Certificate contain a declaration as prescribed under the rules made in this behalf.

(b) An invoice issued by the immediate purchaser or...

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