MVAT Act 41Chapter VII · Payment of Tax And Recovery

Section 41 · Exemption and refund

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(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.

(2)

[* * *] [Sub-sections (2) & (3) were deleted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 25.]

(3)

[* * *] [Sub-sections (2) & (3) were deleted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 25.]

(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.
[***] [Deleted (c) by Maharashtra Act No. 42 of 2017, dated 29.5.2017.]Explanation.- For the purposes of this sub-section, motor spirits [***] [Deleted 'and petroleum products' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] shall mean such products as the State Government may, notify from time to time, in the Official Gazette.] [[Sub-section (4) substituted and deemed to have been substituted w.e.f. 1-4-2005, by Maharashtra 32 of 2006, Section 47. Prior to its substitution read as under:
(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 on the purchases and sales of motor spirits and crude oil to any class or classes of dealers and for the purposes of this sub-section 'motor spirit' means 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] [Inserted by Maharashtra 15 of 2011, Section 14, (w.e.f. 1-5-2011).] or by any class or classes of dealers.]

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