Maharashtra Tax Laws (Levy and Amendment) Bill, 2018

Mar 26, 2018 | by Avantis RegTech Legal Research Team

The Maharashtra Tax Laws (Levy and Amendment) Bill, 2018 was introduced in the Maharashtra Legislative Assembly on March 22, 2018.

With a view to give effect to the proposals obtaining in the Budget Speech for the year 2018-19 and to make certain amendments, in view of the situations arising due to the introduction of the Goods and Services Tax Law and due to certain other reasons as explained below, the State Government of Maharashtra considers it expedient to amend the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, the Maharashtra Value Added Tax Act, 2002 and the Maharashtra Goods and Services Tax Act, 2017.

Some of the important amendments proposed to be made are as follows:

(1)     The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 is being amended,—

(a)    to provide that the limited liability partnerships and its’ partners shall also be liable to pay profession tax;

(b)    to empower the State Government to notify class of persons, who shall collect an amount towards profession tax from certain notified persons, who are liable to pay an amount towards any supply of goods, services, etc.;

(c)     to enable the State Government to notify a scheme allowing one time payment of profession tax in advance at a lower rate;

(d)    to provide that the provisions of recovery under the Maharashtra Goods and Services Tax Act, 2017 shall be applicable for the recovery under the said Act;

(e)    to cover “other officers” also in the class of authorities under the Act;

(f)      to empower the Commissioner or an officer, authorized by the Commissioner, to issue notification and collect information about the potential tax payers and to impose penalty for failure to furnish the same.

(2)    The Maharashtra Value Added Tax Act, 2002 is being amended,—

(a)    to provide for qualifications for appointment and re-appointment and terms of office of the members of the Tribunal;

(b)    to provide that the tax deducted at source under section 31 and paid into the treasury between July 1, 2017 to December 31, 2018 by an employer may also be claimed as credit by the contractor;

(c)     to provide that an amount of tax upto rupees five hundred per order or per period and the interest payable thereon shall not be recovered;

(d)    to provide that the turnover limit for filing an audit report under Section 61, in respect of dealers, whose registration is deemed to be cancelled under Section 16(6A), shall be Rs. 25 lakh;

(e)    to provide that an order, published by the Commissioner, by virtue of the powers conferred on him by the notification issued under section 26B shall be non-appealable.

(3)        The Maharashtra Goods and Services Tax Act, 2017 is being amended to explicitly provide that the State Tax Officers shall also be the officers for the purposes of the Act.

[L. A. BILL No. XV OF 2018] [Section: Part V-A, Extraordinary No.17 dated March 22, 2018]

URL: https://egazzete.mahaonline.gov.in/Forms/GazetteSearch.aspx


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