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Vat Actupdated - RS Goyal & Associates

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25<br />

20 No tax under section 9 or section 10 as the case may be, shall be payable<br />

on the sale or purchase of goods specified in Schedule I, subject to the<br />

conditions and exceptions, if any, set out in the corresponding entry in the<br />

third column thereof. 20 (from 01-08-2009)<br />

16-A : Saving<br />

3/4 (1) Notwithstanding the repeal of the Madhya Pradesh Vanijyik Kar Adhiniyam, 1994<br />

(No. 5 of 1995) or the Madhya Pradesh General Sales Tax Act, 1958 (No. 2 of 1959)<br />

repealed by Act No. 5 of 1995 (hereinafter referred to as the repealed Acts), the<br />

State Government may, by notification, exempt -<br />

(i) (a) any class of dealers; or<br />

(b) any goods or class of goods in whole or in part,<br />

from the payment of tax under the repealed Acts; or<br />

(ii) any dealer or class of dealers from any provision of the repealed Acts or the<br />

provision of any rules made there under ,<br />

for any period before the commencement of this Act and for that purpose it shall and<br />

shall always be deemed that the provisions of section 17 of the Act repealed by this<br />

Act or section 12 of the Act No. 2 of 1959 repealed by Act No. 5 of 1995 have<br />

revived for the purpose of such exemption.<br />

(2) Notwithstanding anything contained in any other provisions of the repealed Acts,-<br />

(a) a registered dealer who is an industrial unit eligible for grant of facility of<br />

deferred payment of tax under the scheme providing for grant of incentive to<br />

entrepreneur in respect of an industrial unit set up in the State as the State<br />

Government may make in this behalf, may make deferred payment of tax<br />

pertaining to such period before the commencement of this Act and subject to<br />

(b)<br />

such restrictions and conditions, as may be specified in such scheme.<br />

the State Government may, by notification, amend any notification relating to<br />

the facility of deferred payment of tax by the industrial units, issued under<br />

Section 37 read with Section 80 of the Act repealed by this Act or Section 22-D<br />

read with Section 51 of the Act No. 2 of 1959 repealed by Act No. 5 of 1995,<br />

and for that purpose it shall and shall always be deemed that the provisions of<br />

Section 37 and Section 80 of the Act repealed by this Act or Section 22-D and<br />

Section 51 of the Act No. 2 of 1959 repealed by Act No. 5 of 1995 have revived for<br />

the purpose of such deferment or amendment. 3/4<br />

CHAPTER V – Registration of dealers<br />

17 : Registration of dealers<br />

(1) Every dealer whose turnover during the twelve months immediately preceding the<br />

commencement of this Act exceeds the limit prescribed under sub-section (1) of Section 5<br />

shall get himself registered in the prescribed manner within thirty days of the<br />

commencement of this Act.<br />

(2) (a) Every dealer other than a dealer to whom sub-section (1) applies shall get himself<br />

registered within the prescribed period from the date on which his turnover in a year first<br />

exceeds the limit prescribed under sub-section (1) of Section 5.<br />

(b) Every dealer being a transferee of a business within the meaning of sub-section (1) of<br />

section 29 shall get himself registered within thirty days from the date of transfer of the<br />

business of which he is a transferee.<br />

(c) A dealer who though not liable to pay tax under section 5 desires to obtain a<br />

registration certificate voluntarily may get himself registered under this Act;<br />

(d) Any person intending to establish a business in the State for the manufacture of<br />

goods for sale of value exceeding one lac in a year and who is registered in the Industries<br />

Department of the State Government for establishing an industrial unit in the State or who is<br />

issued a licence wherever necessary or has sent a memorandum of information to the

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