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Vat Actupdated - RS Goyal & Associates

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22<br />

20<br />

(1A)<br />

(1B)<br />

which is in excess of 4 percent of the purchase price, net of input tax, of<br />

such goods;<br />

(b) Where a dealer makes an application for grant of a registration certificate under<br />

clause (a) or clause (b) of sub-section (2) of section 17 on or after the<br />

commencement of the Act, he shall, in respect of goods specified in Schedule II<br />

other than those specified in part III of the said Schedule, purchased, on or after<br />

such commencement, by him within the State of Madhya Pradesh from another<br />

such dealer after payment to him input tax and held in stock by him on the date<br />

of validity of the registration certificate issued to him under clause (a) or clause<br />

(b) of sub-section (2) of section 17, claim or be allowed input tax rebate of the<br />

amount of such tax in accordance with the provisions of clause (a) above.<br />

3/4 (c) Where a registered dealer who has opted for composition under section<br />

11 for a year, does not opt for composition in subsequent year, he shall<br />

claim or be allowed input tax rebate in respect of the goods held in stock<br />

on the date of commencement of the subsequent year in accordance with<br />

the provisions of clause (a) above.<br />

(d) Notwithstanding anything contained in clause (a), where the goods<br />

purchased within the State of Madhya Pradesh by canteen stores<br />

department, registered under the Act, from a registered dealer after<br />

payment to him input tax, are sold as canteen stores by the canteen<br />

stores department to serving military personnel and ex-servicemen<br />

directly or through regimental or unit run canteens, the canteen stores<br />

department shall claim or be allowed in such manner and within such<br />

period as may be prescribed, input tax rebate of the amount of such input<br />

tax, which is in excess of 4 percent of the purchase price, net of input tax,<br />

of such goods . 3/4<br />

20 (e) Notwithstanding anything contained in clause (a), Where a dealer,<br />

who is a builder and developer carrying on the business of<br />

constructing residential and / or commercial buildings, makes an<br />

application for grant of a registration certificate under clause (a) of<br />

sub-section (2) of section 17 after the prescribed period but before<br />

31st March, 2008, he shall, in respect of goods specified in Schedule<br />

II other than those specified in part III of the said Schedule,<br />

purchased, on or after date of liability, by him within the State of<br />

Madhya Pradesh from a registered dealer after payment to him input<br />

tax, claim or be allowed input tax rebate of the amount of such tax in<br />

accordance with the provisions of clause (a) above. 20<br />

Subject to such restrictions and conditions as may be prescribed, where a<br />

registered dealer purchases natural gas as specified in Part III of Schedule II<br />

within the State of Madhya Pradesh from another such dealer after payment<br />

to him input tax and consumes the natural gas so purchased in generation<br />

of electrical energy, he shall claim or be allowed in such manner and within<br />

such period as may be prescribed, input tax rebate of the amount of such<br />

input tax which is in excess of 5 percent of the purchase price, net of input<br />

tax, of such natural gas. 20<br />

Subject to such restrictions and conditions as may be prescribed, where a registered<br />

dealer sells the goods as may be notified by the State Government, and the dealer<br />

consumes the goods purchased by him within the State of Madhya Pradesh from another<br />

such dealer after payment to him input tax, in the manufacture of such notified goods, he<br />

shall claim or be allowed in such manner and within such period as may be prescribed,

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