Registration under MVAT Act
This query is : Resolved
21 April 2010
Dear/ Resp. Sir
My friend is engaged in selling a snacks on his own handcart from last 2 years in Pune, Maharashtra.( e.g. Misal, Pav Sample etc.)he is a proprietor. His annual turnover as snacks receipts are 4.97 lac in last year, now in F.Y.2009-10 he crossed 5 lac, apprx. 6.72 lac.So my question is will he have to registered compulsory under MVAT Act.for obtaining VAT CST TIN.? Pl. guide, help me in this regards. pl.provide some reference from MVAT Act (sec or case etc)or if not then can we go ahed with the same turnover for I.T. return?
Regards
Vinay Kulkarni
My friend is engaged in selling a snacks on his own handcart from last 2 years in Pune, Maharashtra.( e.g. Misal, Pav Sample etc.)he is a proprietor. His annual turnover as snacks receipts are 4.97 lac in last year, now in F.Y.2009-10 he crossed 5 lac, apprx. 6.72 lac.So my question is will he have to registered compulsory under MVAT Act.for obtaining VAT CST TIN.? Pl. guide, help me in this regards. pl.provide some reference from MVAT Act (sec or case etc)or if not then can we go ahed with the same turnover for I.T. return?
Regards
Vinay Kulkarni
27 April 2010
Dear, Registration will be required. Please refer the below mentioned section bare text. Go ahead and comply the law of land. Thanks.
3.(1) Every dealer, who, immediately before the appointed day, holds a valid or effective certificate of registration or license under any of the earlier laws or, as the case may be, who is liable to pay tax under any of the earlier laws, in the year ending immediately before the appointed day shall, if his turnover of sales or purchases has, in the said year under any of such earlier laws, exceeded rupees five lakh, or, as the case may be, if he is an importer in the said year and his turnover of sales or purchases in the said year had exceeded rupees one lakh, shall be liable to pay tax, with effect from the appointed day, in accordance with the provisions of this Act, till his certificate or licence is duly cancelled under this Act.
Explanation.�For the purposes of this sub-section, the expressions �turnover of sales�, �turnover of purchases� and �importer� shall have the respective meanings assigned to them under the relevant earlier laws.
3.(1) Every dealer, who, immediately before the appointed day, holds a valid or effective certificate of registration or license under any of the earlier laws or, as the case may be, who is liable to pay tax under any of the earlier laws, in the year ending immediately before the appointed day shall, if his turnover of sales or purchases has, in the said year under any of such earlier laws, exceeded rupees five lakh, or, as the case may be, if he is an importer in the said year and his turnover of sales or purchases in the said year had exceeded rupees one lakh, shall be liable to pay tax, with effect from the appointed day, in accordance with the provisions of this Act, till his certificate or licence is duly cancelled under this Act.
Explanation.�For the purposes of this sub-section, the expressions �turnover of sales�, �turnover of purchases� and �importer� shall have the respective meanings assigned to them under the relevant earlier laws.
28 April 2010
Resp Sir,
But as i know that the registration should be made within 30 days from the date the dealer cross the limit of Rs. 5 lac., in my above case 30 days is over & also the F.Y. is ended 31-03-10. so in what condition or manner i proceed further to make the Registation under MVAT.?Pl. guide me...
Thanks
Regards
Vinay Kulkarni
But as i know that the registration should be made within 30 days from the date the dealer cross the limit of Rs. 5 lac., in my above case 30 days is over & also the F.Y. is ended 31-03-10. so in what condition or manner i proceed further to make the Registation under MVAT.?Pl. guide me...
Thanks
Regards
Vinay Kulkarni
29 April 2010
Dear, please apply for administrative relief for unregistered period in this case. Refer circular no 33T of 2007 dated 18-4-2007. your problem will be solved. You will have to file returns as normal dealer.avail setoff and pay net tax liability as a normal dealer and then apply for relief.Fill up the informaton as provided in the circular and apply. Thanks
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