[M.P. Act
No. 8 of 1972] [22nd April, 1972] Received
the assent of the Governor on the 22nd April, 1972; assent first published in
the "Madhya Pradesh Gazette" (Extraordinary), dated the 28th April,
1972. An Ad to
levy a tax on the turnover of sale price and turnover of purchase price of
goods in the State of Madhya Pradesh. Be it
enacted by the Madhya Pradesh Legislature in the Twenty-third Year of the
Republic of India as follows :- This Act
may be called the Madhya Pradesh Vikraya Rashi Tatha Kraya Rashi Par Kar
Adhiniyam, 1972. In this
Act, unless the context otherwise requires,- (a)
"Sales
Tax Act" means, the Madhya Pradesh General Sales
Tax Act, 1958 (II of 1959); (b)
"tax" means a tax payable under this Act; (c)
"taxable
turnover" in relation to any period means total
of the taxable turnover of sale price and taxable turnover of purchase price; (d)
"taxable
turnover of purchase price" in
relation to any period means that part of a dealer's turnover of purchase price
on which tax is leviable under Section 7 or Section 8 of the Sales Tax Act,
which remains after deducting therefrom the purchase price of declared goods; (e)
"taxable
turnover of sale price" in relation to any
period means that part of a dealer's turnover of sale price for such period
which remains after deducting therefrom- (i)
the sale price of goods other
than motor spirit declared tax free under Section 10 or Section 12 of the Sales
Tax Act; (ii)
the sale price of declared goods;
and (iii)
the sale price of goods sold
outside the State or sold in the course of inter-State trade or commerce, or
sold in the course of import of the goods into or export of the goods out of
the territories of India; (f)
"turnover
of purchase price" in relation to any period means the
aggregate of the amount of purchase price as construed under clause (o) of
Section 2 of the Sales Tax Act paid and payable by a dealer during that period; (g)
"turnover of sale
price" means turnover as defined in clause (t) of Section 2 of the
Sales Tax Act; (h)
expressions used but not defined
in this Act and defined in the Sales Tax Act, shall have the meaning assigned
to them in that Act. [1][(1)
? Every registered dealer other than a
dealer who holds a licence under Section 13 of the Sales Tax Act and every
dealer deemed to be registered under sub-section (2), of Section 7 of that Act
whose turnover of sale price or turnover of purchase price during a period of
twelve months immediately preceding the date of commencement of the Madhya
Pradesh Vikraya Rashi Tatha Kraya Rashi Par Kar (Sanshodhan) Adhiniyam, 1974,
exceeds Rs. 50,000 shall, from the said date, be liable to pay tax under this
Act in respect of his sales and purchases on his taxable turnover.] (2) ? Every such dealer
to whom sub-section (1) does not apply shall be liable to pay tax under this
Act in respect of his sales and purchases on his taxable turnover with effect
from the date on which his turnover of sale price or turnover of purchase price
calculated during a period of twelve months immediately preceding such date
first exceeds [2][Rs.
50,000]; Provided
that the Central Government or a State Government or any of their departments
or offices shall not be liable to pay tax under this Act. The tax
payable by a dealer under this Act shall be levied on his taxable
turnover [3][at
the rate of two-fifth of one per cent] on
such taxable turnover and such tax shall be payable in addition to the tax
payable under the Sales Tax Act. Subject to
the provisions of this Act and the rules made thereunder, all the provisions of
the Sales Tax Act shall apply to dealers in relation to the tax levied under
this Act as if such tax' were a tax levied and payable under that Act. Subject to
the provisions of this Act and the rules made thereunder, the authorities for
the time being empowered to assess, re-assess, collect and enforce payment of
any tax under the Sales Tax Act shall assess, re-assess, collect and enforce
the payment of tax including any penalty payable by a dealer under this Act as
if the tax or penalty payable by such dealer under this Act is a tax or penalty
payable under that Act and for this purpose; they may exercise all or any of
the powers they have under that Act and the provisions of that Act including
provisions relating to returns, advance payment of tax, transfer of liability
of any firm or undivided Hindu family to pay tax in the event of the
dissolution of such firm or partition of such family, recovery of tax from
third parties, appeals, rectifications, revisions, reference, refunds,
penalties, compounding of offences, and treatment of documents furnished by a
dealer as confidential shall apply accordingly. (1)
The State Government may
make rules to carry out the purposes of this Act. (2)
Without prejudice to the
generality of the foregoing power, the State Government may make rules prescribing,- (a)
the form in which the returns are
to be filed; (b)
the form and the manner in which
and the period before which the tax has to be paid; (c)
the form in which the order of
assessment has to be passed; (d)
the form in which the notice of
demand should be issued. (3)
All rules made under this
section shall be laid on the table of the Legislative Assembly. The Madhya
Pradesh Vikraya Rashi Tatha Kraya Rashi Par Kar Adhyadesh, 1971 (No. 9 of 1971)
is hereby repealed.Madhya Pradesh Vikraya Rashi Tatha Kraya Rashi Par Kar
Adhiniyam, 1972