Monday, 30 November 2015

MVAT - TURNOVER LIMITS FOR THE PURPOSE OF LIABILITY/REGISTRATION [Sec. 3(4)]

Category of dealer    | Total turnover       | Turnover of taxable goods purchased or sold
Importer                     | 1,00,000                  | 10,000
Others                        | 10,00,000*              | 10,000

W.e.f. 26th June, 2014 (Earlier this limit was Rs. 5,00,000)

It may be noted that while the total turnover of Rs. 1,00,000/- and Rs. 10,00,000/- are in respect of Turnover of Sales (which includes all sales whether tax free or taxable), the turnover limit of Rs. 10,000/- is in respect of taxable goods whether purchased or sold.

However, in case of those dealers, who are dealing in goods covered by sections 6A and/or 6B, turnover of purchases of such notified goods, which are liable for purchase tax, also to be considered for the purposes of these limits of Rs. 1,00,000/- and Rs. 10,00,000/-.

Both the conditions have to be satisfied for the purposes of liability/registration under this category [Sec. 3(4)].

New Simplified Procedure of Registration
The Sales Tax Department of Maharashtra has set a new simplified procedure for registration of dealers with effect from 7th May 2015. Accordingly a combined online application form has been designed for all those who intend to take registration under MVAT Act, CST Act and/or Profession Tax Act. The entire procedure of online application, uploading of scanned copy of documents and physical submission of demand draft of the requisite amount, etc., are fully explained in Trade Circular Nos. 4T of 2015, dated 9th March 2015 and 5T of 2015, dated 6th May, 2015. As per new procedure of registration, a person/dealer seeking registration under the abovementioned Acts will not be required to attend personally before the Sales Tax authorities (except in few specified cases). On receipt of correct and complete online application with scanned copy of documents and in case of MVAT and CST registrations - on receipt of requisite amount of fees and a Declaration cum Indemnity Form, (duly signed by the applicant) through post/courier, the Department will generate TIN (Tax-payer Identification Number) and the same shall be displayed on the website of the Department. The Department shall also communicate the TIN to the applicant through e-mail, and, the Certificate of Registration shall be sent by post/courier to the applicant at his registered address.

Note: Please see Trade Circular 7T of 2015 dated 19th May 2015 and annexure thereto, for online payment of deposit & registration fees, and, for online upload of documents. (No need to send documents through post/courier.) Visit website: mahavat.gov.in
Fees payable for MVAT Registration

The fees payable for voluntary registration is Rs. 5,000/- while for others it is Rs. 500/- only.
Further, in case of Voluntary Registration, it is necessary that the applicant dealer is having a current bank account and such dealer has to be introduced by a registered dealer whose registration certificate is in force on the date of introduction and who is registered under the MVAT Act for a continuous period of not less than three years immediately preceding the year in which the application is made.

In addition to payment of fees, as mentioned above, a dealer seeking Voluntary Registration, on or after 1st May 2011, will have to make a security deposit of Rs. 25,000/-. This amount of deposit shall remain with the Department (it cannot be adjusted against tax payable or other liability of the dealer). However, section 16(2A) provides that the amount of security deposit shall be refundable to the dealer on such conditions, restrictions and within such time as may be prescribed. It further provides that the security deposit shall be forfeited if there is no compliance of such conditions, restrictions and time limit.

The amount of fees as well as the amount of security deposit has to be made by way of bank draft, drawn through a nationalised bank. The demand draft/s should be drawn in the name of Bank of Maharashtra A/c MVAT for all those dealers who apply for registration within Mumbai location. For other locations, the demand draft/s should be drawn in the name of State Bank of India A/c MVAT.

It may be noted that payment of fees of Rs. 500/-, wherever applicable, may be paid through court fee stamps also.)

Please also refer Annexure D appended to Trade Circular 7T of 2015 dated 19th May 2015 for e-payment option.

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