When set-off is non-admissible under MVAT ?

In following cases set-off is non-admissible as per rule 54
of The Maharashtra Value Added Tax, Rule 2005.

(a)    
purchases of motor
vehicles
(being
passenger vehicles) which are treated by the claimant dealer as
capital assets and parts, components and accessories thereof unless the
claimant dealer is engaged in the business of transferring the right to
use (whether or not for a specified period) for any purpose, in respect of the
said vehicles and the expression “motor vehicles” and “goods
vehicles” shall have the same meanings as respectively assigned to them in
the Motor Vehicles Act, 1988;

 

(b)       
 “purchases of the High Speed Diesel
Oil, Aviation Turbine Fuel(Duty paid),Aviation Turbine
Fuel(Bonded),Aviation Gasoline(Duty paid),Aviation Gasonline (Bonded) and Petrol
unless such motor spirits “are resold or sold in the course of inter-State
trade or commerce or in the course of export out of the territory of India or
are sent, not by reason of sale, outside the State to any place within India by
the claimant dealer to his own place of business, or the place of business of
an agent or where the claimant dealer is a commission agent, to the place of
business of his principal;

 

(c)        
purchase of crude
oil
as described in section 14 of the Central Sales Tax Act, 1956, when
used by an oil refinery for refining;

 

(d)       
any purchase of consumables
or of goods treated as capital assets  by the claimant dealer where the dealer
is principally engaged in doing job work or labour work and is not engaged in
the business of manufacturing of goods for sale by him and incidental  to
the business of job work or labour work  any waste or scrap goods are
obtained and are sold;

 

(e)       
any purchase made
by any dealer to whom an Entitlement Certificate except the Entitlement
Certificate under the New Package Scheme of Incentive for Tourism projects
-1999.”; to claim incentives by way of exemption from tax or deferment
of  tax has been granted, being purchases of raw materials as defined in rule 80

 

(f)         
any purchase of goods of
incorporeal or intangible nature other than,

 

(i) items covered by entries 3 and 4 of the
notification issued under entry 39 of SCHEDULE ‘C’  Appended to the
Maharashtra Value Added Tax Act 2002 and  SIM cards;
(ii) software in the hands of a dealer who is trading in
software;
(iii) Copyright which is resold within twelve months of the
date of purchase.”

 

(g)        
purchases
effected by the employer by way of works contract when the contract results in
immovable property other than plant and machinery;

(h)       
purchases
of any goods by a dealer, the property in which is not transferred [whether as
goods or in some other form] to any other person, which are used in the
erection of immovable property other than plant and machinery ;
  

(i)          
purchase of liquor
covered under entries, 1,2 and 3 of schedule ‘D’ appended to the act except
when the said goods are-

(1) sold in the course of inter-state trade
or commerce or in the course of export out of the territory of India or are
sent, not by reason of sale outside the state to any palace within India by the
claimant dealer to his own place of business, or the place of business of an
agent or where the claimant dealer is a commission agent, to the place of
business of his principal; and

(2) sold from customs bond to foreign going
ships and aircrafts ]”.

(j)      purchases made on or after 20th June 2006 of mandap, tarpaulin,
pandal, shamiana,
decoration of such mandap, pandal or shamiana, and furniture, fixtures, lights
and light fittings, floor coverings, utensils and other articles ordinarily
used along with a mandap, pandal or shamiana if the purchasing dealer has opted
for composition of tax under sub-section (4) of section 42.

 

(k)     purchases made on or after 1st April 2005 by a hotelier,
which are treated by him as capital assets and which do not pertain to the supply
by way of or as part of service or in any other manner whatsoever of goods,
being food or any other article for human consumption or any drink [whether or
not intoxicating ] where such supply or service is made or given for cash,deferred
payment or other valuable consideration

 

(l)      
purchases
of office equipment, furniture, fixture and electrical installation by a
claimant dealer during the period commencing from the 1st April 2005 and ending
on the 7th September 2006 if such goods purchased are treated by the claimant
dealer as capital assets and the claimant dealer is not engaged in the business
of transferring the right to use the said goods (whether or not for a specified
period) for any purpose

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