MADHYA PRADESH GENERAL SALES TAX ACT 1958
Act No. 02 of 1959
27th February, 1959
An Act to consolidate and amend the laws relating to levy of a general tax on the sales or purchases of goods in the State of Madhya Pradesh.1 Be it enacted by the Madhya Pradesh Legislature in the Ninth Year of the Republic of India as follows:-- 1. For Statement of Objects and Reasons (in English) see Madhya Pradesh Gazette, Extraordinary dated the 25th April, 1958, Page 793 and (in Hindi) 323. For proceedings in Assembly, see Madhya Pradesh Vidhan Sabba proceedings 1958, Vol. 3, No. 35 Pages 3131 to 3167, No. 36, pages 3246 to 3263, Vol. 4 No. 1 pages 32, No. 7, pages 644 to 686, No. 8, pages 775 to 786, No. 9, pages 881 to 918, No. 15, pages 1630 to 1652.
Read full Act
(1) This Act may be called the Madhya Pradesh General Sales Tax Act, 1958.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date
In this Act, unless there is anything repugnant in the subject or context,--
[(1) There may be appointed a person to be the Commissioner of Sales Tax and the following category of officers to assist him, namely:-
(2) The Commissioner of Sales Tax and the Additional Commissioner of Sales Tax shall be appointed by the State Government and the other officer referred to in sub-section (1) shall be appointed by the State Government or such other authority as it may dir
(1) Subject to such rules as may be made in this behalf, the State Government may, by notification, with effect from a date specified therein, constitute a Tribunal to exercise the powers and perform the functions conferred on the Tribunal by or under this Act.
(2) Till the date specified in the notification under sub-section (1) the Board of Revenue shall act as Tribunal for the purposes of the Act and on the date aforementioned all proceedings pending before the Board of Revenue, Madhya Pradesh, acting as Tribunal shall stand transferred to the Tribunal constituted under sub-section (1).
(3) Subject to the previous approval of the State Government, the Tribunal may, from time to time, make regulations consistent with the provisions of this Act regulating the procedure and disposal of its business.]
(1) Every dealer whose turnover during a period of twelve months immediately preceding the commencement of this Act exceeds the limit specified in sub-section (5). shall from such commencement be liable to pay tax under this Act on his taxable turnover in respect of sales or supplies of goods effected in Madhya Pradesh.
(2) Every dealer to whom sub-section (1) docs not apply shall be liable to pay tax under this Act on his taxable turnover in respect of sales or supplies of goods effected in Madhya Pradesh with effect from the date on which his turnover calculated during a period of twelve months immediately preceding such date first exceeding the limits specified in sub-section (5) but for purpose of assessment of the tax only so much of his turnover as in excess of such limits shall be taken into consideration.
(3) Every dealer who is liable to pay tax under this Act shall continue to be so liable until the expiry of two consecutive years during each of which his tu
(1)
[(2) Notwithstanding anything contained in sub-section (2) of section 4, liability of a dealer to pay tax under this Act, shall not be determined from a date earlier than five years--
[(1) A dealer registered under the Central Sales Tax Act, 1956 (74 of 1956) who is not liable to pay tax under section 4 shall nevertheless be liable to pay tax on his sale of any goods in respect of the purchases of which he has furnished a declaration under sub-section (4) of section 8 of the said Act or on the sale of any goods in the manufacture of which such goods have been used at the rate specified in sub-section (1) of section 6.]
(2) Every dealer to whom sub-section (1) applies shall, for the purposes of sections 17, 18, 22 and 26 be deemed to be a registered dealer.
[5-A............................]
[5-B................................]
(1)
(2) (a) Subject to such restrictions and conditions as may be prescribed and to the provisions of sub-clause (hi) of clause (r) of section 2]
(1)
(2) Notwithstanding anything contained in sub-section (1) but subject to s
No dealer shall collect any amount, by way of sales tax or purchase tax, from a person who sells agricultural or horticultural produce grown by himself or grown on any land in which he has an interest, whether as owner, usufructuary mortgage, tenant or otherwise, when such produce is sold in the form in which it was produced, without being subjected to any physical, chemical or other process for being made fit for consumption save mere dehusking cleaning, grading or sorting]
Every dealer liable to pay tax under section 4, other than a dealer holding a licence under section 15, shall also be liable to pay an additional tax at the rate of one per centum on his taxable turnover of goods specified in Schedule II, other than declared goods.]
(1) As and from the financial year commencing on the 1st April 1978, the State Government shall pay to each Municipal Corporation, Municipal Council and Town Committee referred to in section 5 of the Madhya Pradesh Municipal Laws (Amendment) Act, 1976 (50 of 1976), a grant-in-aid in such manner as may be prescribed to compensate it for the loss of revenue on account of abolition of cess, octroi or tax on entry of animals or goods into the local area under the said section. The grant-in-aid payable to each Municipal Corporation, Municipal Council and Town Committee for the financial year, 1978-79 and for the financial year Substitutedequent thereto shall be computed--
(2) The g
[(1)]
The burden of proving that any sale or purchase effected by a dealer is not liable to nay tax under [section 6 or section 7 or section 14-A]
(1) No tax shall be payable on the sales or purchases of goods specified in the second column of Schedule I subject to the conditions and exceptions, if any, set out in the corresponding entry in the third column thereof.
(2) The State Government may in respect of any goods, by notification amend Schedule I so as to include therein any goods not already specified or may relax or omit any of the conditions and exceptions set out in the corresponding entry in the third column thereof.
X[(1) The State Government may, by notification, amend Schedule II and thereupon Schedule II shall stand amended accordingly]
(1) The State Government may, by notification and subject to such restrictions and conditions as may be specified there in exempt whether prospectively or retrospectively, in whole or in part-
(2) Any notification issued under this section may be rescinded before the expiry of the period for which it was to have remained in force and on such rescission such notification shall cease to be in force. A notification rescinding an earlier notification shall have prospective effect.
(3) Notwithstanding the repeal of the Madhya Pradesh Vikraya Rashi Tatha Kraya Rashi Par Kar Adhiniyam, 1972 (No. 8 of 1972)
[................]
[(I-A)............]
If any restrictions or conditions notified under section 12 or imposed under section 13 are not complied with by a dealer, the sales or purchases, as the case may be, of the dealer may, with effect from the commencement of the veer in which such non-compliance took place, be assessed to tax under section 6 or section 7 and the licence fee, if any, recovered from such dealer, shall be adjusted towards the tax so assessed.
(1) Every dealer whose turnover during the twelve months immediately preceding the commencement of this Act exceeds the limits specified in sub-section (5) of section 4 shall get himself registered in the prescribed manner before such date as may be notified in this behalf.
(2) Every dealer other than a dealer to whom sub-section (1) applies shall be liable to get himself registered within the prescribed period from the date on which his turnover during the twelve months immediately preceding such date first exceeds the limits specified in sub-section (5) of section 4.
[(4) (a) On receipt of the application,--
[(1) If on an application of any dealer the Commissioner is satisfied that his turnover is likely to exceed the limits specified in sub-section (5) of section 4, the Commissioner may, notwithstanding that the dealer may not be liable to pay tax under section 4, register the dealer and grant him a certificate of registration in the prescribed manner not later than ninety days from the date of receipt of the application and thereupon the provisions of section 15 shall apply to such dealer as they apply in the case of a dealer registered under that section :
Provided that where the Commissioner is not too satisfied, he shall reject the application within ninety days from the date of receipt of the application :
Provided further that if the certificate of registration is not granted or the application is not rejected within that aforesaid period of ninety days, the applicant shall, on the expiration of the said period be entitled to a certificate of registration in
(1)
(2) Where a dealer registered under section 15 or section 16 fails to furnish returns under section 17 in time or fa
[(1)
(2) If the Commissioner after making such inquiry as he may consider necessary, is satisfied as to the bona fide intention of the person making the application, he may grant a provisional ce
Where the Commissioner is satisfied that the business of a registered dealer who, manufactures taxable goods is likely to suffer in view of the provisions of section 3 relating to grant of refund or set off in respect of the use of tax paid raw material or incidental goods in such manufacture either due to the fact that the manufactured goods are liable to be taxed at Substantially lower rates than the rates of tax on raw materials or that the manufactured goods are wholly or Substantially sold in the course of export out of the territory of India or for any other reasons, fie may issue a recognition certificate to such registered dealer in such form and in such manner are subject to such restrictions and conditions, as may be prescribed so as to enable him to purchase the raw material and incidental goods in accordance with the provisions of sub-section (3) of section 6.]
(1) Every such dealer as may be required so to do by the Commissioner by notice served in the prescribed manner and every registered dealer shall furnish
[Provided that the Commissioner may, subject to such terms and conditions as may be prescribed, exempt any such dealer from furnishing such returns or permit any such dealer to furnish them for such different period, in such other form and to such other authority, as he may direct.]
[(1-A) Every registered dealer shall, along with the return under sub-section (1), furnish the proof of the payment of the full amount of tax required to be made by him under sub-section (2) of section 22.]
(2) If any dealer discovers any omission, error or wrong statement in any return furnished by him under sub-section (1) he may furnish a raised return in t
[(1) The amount of tax due from a registered dealer shall be assessed separately for each year :
Provided that where such dealer fails to furnish any return by the prescribed date or knowingly furnishes incomplete or incorrect return for any period of any year, the Commissioner may, at any time, assess such dealer to tax for such period:
Provided further that the Commissioner may, subject to such conditions as may be prescribed, and for reasons to be recorded in writing, assess the tax due from any such dealer at any time for any part, of a year.]
[(1-A) In the case of a registered dealer--
(1) Where a dealer was registered or licensed under any of the Acts repealed by section 52 and has not been assessed to tax for any period prior to the commencement of this Act, then notwithstanding--
(2) Where, before the commencement of this Act, a proceeding for assessment had been initiated or an assessment had been made, for any period prior to such commencement, i
[x x z x x]
[(1) Where an assessment has been made under this Act or any Act repealed by section 52 and if for any reason any sale or purchase of goods chargeable to tax under this Act or any Act repealed by section 52 during any period has been under-assessed or has escaped assessment or assessed at a lower rate or any deduction has been wrongly made therefrom, the Commissioner may, at any time within five calendar years from the date of order of assessment, after giving the dealer a reasonable opportunity of being heard and after making such enquiry as he considers necessary, proceed in such manner as maybe prescribed to reassess within a period of two calendar years from the commencement of such proceedings, the tax payable by such dealer and the commissioner may, where the omission leading to such reassessment is attributable to the dealer, direct that the dealer shall pay, by way of penalty in addition to the amount of tax so assessed, a sum not exceeding that amount :
Provid
(1) Where any order passed in respect of a dealer for any period is rendered erroneous and prejudicial to the interests of revenue consequent to or in the light of any judgement or order of any Court or tribunal, which has become final, then notwithstanding anything contained in this Act, the Commissioner may at any time within a period of three years from the date of such judgement or order initiate proceeding to re-assess the tax payable by such dealer.
(2) The re-assessment proceeding initiated under sub-section (1) shall be completed as for as may be within a period of two calendar years from the date of initiation of such proceedings.
(8) No order of re-assessment under this section shall be passed without giving to the dealer a reasonable opportunity of being heard.]
[(1) Nothing contained in section 18-A or section 19 or sub-section (1-a) of section 52 limiting the time within which any assessment or re-assessment may be made, shall apply to an assessment or re-assessment made in consequence of, or to give effect to, any finding or direction contained in an order under section, 38, 39 or 44.]
[(2) In computing the period of limitation prescribed for assessment or reassessment, as the case maybe, under section 18 or section 18-A or section 19, the time during which any assessment or reassessment proceedings remained stayed under the order of any civil or other competent court, or under special or general order of the Commissioner issued under section 42-A shall be excluded.]
[(3) Where any turnover or a part thereof of any dealer has been assessed to tax under this Act or under any of the Acts repealed by section 52 of this Act (hereinafter referred to as the repealed Acts) and not under the Central Sales T
(1) Any dealer who is entitled or required to attend or appear before any officer appointed under section 3 in connection with any proceedings under this Act, otherwise than when required under section 35 to attend personally for examination on oath or affirmation, may attend or appear by a person authorised by him in writing in this behalf being a relative of, or a person regularly employed fey, the dealer or a legal practitioner or a chartered accountant or a Sales Tax practitioner.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.