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Vat Actupdated - RS Goyal & Associates

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18<br />

composition of tax under section 11 20 or from a registered dealer in the circumstances in which<br />

no tax under Section 9 is payable by the registered dealer on the sale price of such goods 20 ,<br />

shall be liable to pay tax on the purchase price of such goods if after their purchase, -<br />

(a) the goods other than those specified in part III of the said Schedule, are not sold<br />

within the State of Madhya Pradesh or in the course of inter-state trade or<br />

commerce or in the course of export out of the territory of India but are sold or<br />

disposed of otherwise; or<br />

3/4 (b) the goods other than those specified in part III of the said Schedule, are consumed<br />

or used,-<br />

(i) in the manufacture or processing of goods declared tax free under section 16<br />

and the manufactured or processed goods are disposed of otherwise<br />

(ii)<br />

than by way of sale in the course of export out of the territory of India; or<br />

as plant, machinery, equipment and parts thereof in generation, transmission<br />

or distribution of electrical energy ; or 3/4<br />

(c) the goods other than those specified in part III of the said Schedule, after<br />

consumption or use in the manufacture or processing or mining of any goods<br />

specified in Schedule II, the manufactured or processed or mined goods are<br />

disposed off otherwise than by way of sale within the State of Madhya Pradesh or in<br />

the course of inter-state trade or commerce or in the course of export out of the<br />

territory of India ; or<br />

(d)<br />

(e)<br />

the goods specified in part III of the said Schedule, are not sold within the State of<br />

Madhya Pradesh or in the course of inter-state trade or commerce or in the course<br />

of export out of the territory of India but are sold or disposed of otherwise; or<br />

the goods specified in part III of the said Schedule, are consumed or used in the<br />

manufacture or processing or mining of goods ;<br />

and such tax shall be levied, -<br />

(i) in respect of goods referred to in clauses (a), (b) and (c), at the rate of 4<br />

percent or the rate specified in column (3) of Schedule II, whichever is lower;<br />

and<br />

(ii)<br />

in respect of goods referred to in clauses (d) and (e),at the rate specified in<br />

column (3) of Schedule II.<br />

Explanation - The rate specified in Schedule II shall be the rate at which tax would have<br />

been levied on the sales of such goods within the State of Madhya Pradesh on the date of<br />

such purchase. 2<br />

(2) No tax under this section shall be levied in respect of any year on -<br />

(a) a dealer whose turnover in a year does not exceed the limit prescribed under subsection<br />

(1) of section 5,<br />

(b) any other dealer who has no turnover, if his aggregate of purchase prices of all the<br />

goods does not exceed such amount as may be prescribed.<br />

(3) Every dealer who has no turnover and is liable to pay tax under sub-section (1) shall,<br />

for the purpose of Sections 18,20,21, 24,25 and 39, be deemed to be a registered dealer<br />

20 10A. Levy of purchase tax on certain goods.<br />

23.<br />

(1)<br />

Notwithstanding anything to the contrary contained in this Act, every dealer who in<br />

course of his business purchases goods as may be notified by the State<br />

Government, shall be liable to pay tax at the rate of four percent on the purchase<br />

price of the notified goods.<br />

Provided that no tax under this section shall be payable on the purchases of such<br />

goods, if the goods are consumed in the process of manufacture as may be<br />

specified by the State Government, within the State.

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