Chief Minister Devendra Fadnavis on Tuesday tabled the bill to amend the Maharashtra Goods and Services Tax Act, 2017, in order to implement the decisions taken by the GST Council and to maintain uniformity in applicability of the provisions of the Central Goods and Services Act, 2017 and the state Act.
The bill proposes to make the Input Service Distributor procedure mandatory for the distribution of Input Tax Credit in respect of input services procured by the head office from a third party but attributable to both the head office and branch office or exclusively to one or more branch offices. The bill proposed not to levy a state tax on un-denatured extra-neutral alcohol or rectified spirit used for manufacture of alcoholic liquor for human consumption.
It also proposes to empower the government to regularise non-levy or short levy of state tax where it is satisfied that such non-levy or short levy of state tax where it is satisfied that such non-levy or short levy was the result of general practice. It also proposes to specify the time of supply of services in cases where the invoice is required to be issued by the recipient of services in cases of reverse charge supplies.
According to the bill, the registered person shall be entitled to take the input tax credit in any return for the financial years 2017-18, 2018-19, 2019-20 and 2020-21 which is filed up to the 13th day of November 2021.
It proposes to empower the state government to prescribe conditions and restrictions for revocation of cancellation of registration. It also mandates the electronic furnishing of returns for each month by the registered person required to deduct tax at source irrespective of whether any deduction has been made in the said month or not.
The bill proposes to insert section 74A so as to provide for the determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to the financial year 2024-25. It also proposes to reduce the maximum amount of pre-deposit for filing an appeal before the Appellate Authority from Rs 25 crore to Rs 20 crore in the state tax. It also empowers the state government to notify types of cases that shall be heard by the Appellate Tribunal.
Further, the bill proposes to provide for the conditional waiver of interest and penalty in respect of demand notices for the financial years 2017-18, 2018-19 and 2019-20 except the demand notices in respect of erroneous refunds. The bill empowers the government to notify the date from which the Authority shall not accept any application for anti-profiteering cases.
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