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Section 41: Exemption and refund.

The Maharashtra Value Added Tax Act, 2002.State Act of Maharashtra · Act 9 of 2005

(1) The State Government, if satisfied that it is necessary in the public interest to grant refund of any tax levied and collected from any class or classes of dealers or persons or, as the case may be, charged on the purchases or sales made by any class or classes of dealers or persons, it may, by notification in the Official Gazette and subject to such terms and conditions as may be specified in the notification provide for grant of refund of such tax, for such period and to such class of dealers or persons as specified in the said notification; on such tax payers applying to the Commissioner in the prescribed form for such refund :

Provided that, such notification may be issued so as to have retrospective effect so however that the effective date is not earlier than the appointed day.

[* * * * *]

[(4) Subject to such conditions as it may impose, the State Government may, by notification in the Official Gazette, provide for exemption from the payment of full or part of the tax payable,-

(a) on the sales of motor spirits [* * *] made by an oil company to another oil company ;

(b) on sales at retail outlets of motor spirits, other than aviation turbine fuel and aviation gasoline ;

[ * * *]

Explanation.- For the purposes of this sub-section, motor spirits [* * *] shall mean such products as the State Government may, notify from time to time, in the Official Gazette.]

[(5) Subject to such conditions and restrictions as it may impose, the State Government may, by notification in the Official Gazette, provide for exemption from the payment of full or part of the taxes payable on any class or classes of [sales of liquor or as the case may be, wine] by any class or classes of dealers].

Where this provision sits

ActThe Maharashtra Value Added Tax Act, 2002.
Section41
Marginal noteExemption and refund.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Mah. 14 of 2005. Sub-sections (2) and (3) were deleted by Mah. 14 of 2005, s. 26.
  • substituted, Mah. 32 of 2006. Sub-section (4) was substituted by Mah. 32 of 2006, s. 47, w.e.f. 1st April 2005.
  • omitted, Mah. 42 of 2017. The words "and petroleum products" were deleted by Mah. 42 of 2017, s. 66(1).
  • omitted, Mah. 42 of 2017. Clause (c) was deleted by Mah. 42 of 2017, s. 66(3).
  • omitted, Mah. 42 of 2017. The words "and petroleum products" were deleted by Mah. 42 of 2017, s. 66(2).
  • added, Mah. 15 of 2011. Sub-section (5) was added by Mah. 15 of 2011, s. 14.
  • substituted, Mah. 8 of 2013. These words were substituted for the words "sales of liquor" by Mah. 8 of 2013, s. 9.

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