| 55. Condition  for  grant  of  set- off  or  refund  and   adjustment  of drawback, set-off  in  certain circumstances
 (1) No set-off  or refund under these  rules  shall  be granted to a dealer  in  respect of any  amount of tax  recovered from  him  or as the case may be, paid by him on  the purchase of  any  goods  or paid  by him  or in respect of entry  of any goods,
 
 (a)  unless the  goods  are purchased or entry  is effected  on or after  the  1st April  of the  year  in which the  dealer  has  obtained registration and,
 
 (1) the  goods  are  treated as  capital assets   by  the dealer  and  have  not  been  sold  before  the  date of effect  of registration, or
 
 (2) the  goods  are  not  treated as  capital assets  and have  not  been  sold  or disposed of before  the  date  of effect  of registration,  or
 
 (3) the  goods  are  not  treated as  capital assets  and have  been  used  or  consumed  in  manufacture  and  the manufactured  goods  have  not  been  sold  before  the  date  of effect  of  registration, or
 
 (4)   the dealer  was  a registered dealer  at  the  time  of such  purchase or entry
 
 (b)     unless such  dealer has,
 
 (i)   maintained a true  account in chronological order  of all  the  purchases of goods  made  by him  on  or after  the appointed  day,  showing the  following details:
 
 (A) the date  on which the  goods  were  purchased;
 
 (B) the   name   of   the   selling   dealer   and   his
 
 registration certificate number, if registered, from whom the goods  are  purchased, and  the  description of the goods;
 
 (C) the number of the  tax  invoice   under which they  were  purchased;
 
 (D) the purchase price  of the  goods;
 
 (E) the amount of tax, if any, recovered from him  or, as the case may be, paid by the  selling  dealer;
 
 (ii)   in the  case  of goods  in respect of the  purchase of which  tax has  been  recovered or as the case may be, paid by the  claimant dealer  or is payable by  him  as  purchase  tax  under an  earlier   law, maintained a  true  account in  chronological order  of  the goods  so purchased and  held  by him  on the  appointed day, which shall  show  the  particulars mentioned at  (A) to (E) above,  and  the  amount of tax  recovered under each  of the earlier laws  separately.
 
 (2)    The  claimant dealer  shall,  if so required, produce before  the Commissioner the  original bill/invoice/cash memorandum  relating to each  purchase in respect of which the  claim  for set-off  has  been  made in respect of any  purchase made  before  the  appointed day,  and  a tax invoice  in  respect of any  purchase made  after  the  appointed day.
 
 (3) (a)  Where  a  dealer   has  filed  a  return in  respect of  any period  contained in  a  year,  then  he  may,  subject to the  other provisions of these  rules,  adjust  the  aggregate  of
 
 (i)     any payment made  in respect of the  said  period before  filing  of the  said  return,
 
 (ii) the total  value  of the  tax  deduction certificates received by him  in that  period,
 (iiA) the total value of the collection certificate recieved by him in that period, and 
 (iii)  t he   amount       adjustable by      way   of         refund adjustment order  issued  in respect of that  period.
 
 (iv) set-off or refund to which the dealer  has  become entitled in the  said  period.
 
 (v) deposit paid  towards voluntary registration.
 
 (A)   against the  tax payable according to the  said return, or
 
 (B)   against  the  tax  payable according  to  the return for  the  said  period   filed  by  him  under the Central Sales  Tax  Act,  1956,  or
 
 (C)   against  the  tax  payable according  to  the return which may  be  due  or  may  become  due  under the  Maharashtra Tax  on  Entry  of  Goods  into  Local Areas  Act,  2003.
 
 (b) If after  making  adjustment, if any,  as provided in clause (a),  there  be any  excess,  then the  dealer may  claim  refund of the excess  or  part  of excess  in accordance with  the  rules,  or  carry forward  the  same  for adjustment towards the  tax  payable as per the  returns to be filed  for  any  subsequent period  contained in the said  year  under the  Maharashtra  Value  Added Tax  Act,  2002,  the Central Sales  Tax  Act,  1956  or the  Maharashtra Tax  on  the  Entry of Goods  into  Local  Areas  Act, 2003.
 
 (4) Where  a notice  under sub-section (4) of section 32 or, as the case  may  be,  a  notice  under the  corresponding provisions of  any earlier law  has  been  issued  for the  payment of any  sum  by a dealer  or the  dealer has  filed  any  return or revised return without full  payment of tax and  who  is entitled to  a refund under these  rules  or, as the  case may be,  under any  earlier  law,  the  amount so due  by way  of refund, shall  first  be applied towards the  recovery  of  the  amount in respect of which such  notice  has  been  issued  or towards the  payment of the  said tax  and  the  balance amount, if any,  shall  thereafter be  claimed as refund.
 
 (5) Where  the  claimant dealer  is unable to identify the  goods purchased with  the  goods  resold   or  with  the  goods  used  in  the manufacture of goods  or in the  packing of goods,  it shall  be presumed for the  purpose of reduction or disallowance of set-off  that  the  goods so purchased  have  been  used  or consumed in  the  chronological order in which they  were  acquired whether before  or after  appointed day.
 
 (6) Set-off  of the  tax  paid  under the  Maharashtra Tax  on Entry of  Motor Vehicles  into  the  Local  Areas  Act,  1987  and  of the  tax  paid under the  Maharashtra Tax  on  Entry  of Goods  into  the  Local  Areas Act,  2002  in  respect of any  goods  shall  be  granted to a dealer  as if such  tax  is a tax  levied under this  Act or, as the  case  may  be,  under any  earlier  law and  all of  the  provisions of these  rules  including those  relating to reduction in set-off  and non-admissibility of set-off  shall  mutatis mutandis apply accordingly.
 
 (7)  Where  a registered dealer  liable  to pay  tax under this  Act,  (i)  dies  and  the  business in  which the  dealer was  engaged
 
 is continued after  his  death, by any  person or persons,
 
 (ii)   transfers or otherwise disposes of his  business in whole or  in  part  or  effects  any  change   in  the  ownership thereof, in consequence  of which he  is succeeded in the  business or  part thereof, by any  other  person, then  the  person succeeding shall  be entitled to take  credit   of any set-off  that  is carried forward, if any,  at  the  time  of the  said  death, transfer,  disposal  or change.
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