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State of Madhya Pradesh - Section

Section 4 in The M.P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Niyam, 1976

4. [ Concessional rate of tax under the first proviso to sub-section (1) of Section 4 and claiming of set off under the second proviso thereof. [Substituted by Notification No. 3729-6750-ST-V, dated 24-11-1977.]

(1)Entry tax at the concessional rate mentioned in clause (i) of the first proviso to sub-section (1) of Section 4 shall be charged subject to the following conditions :-
(i)[x x x] entry tax at the concesisonal rate shall be charged only if the entry of goods specified in Schedule 11 or Schedule III, as the case may be, is effected by a dealer registered under the [VAT Adhiniyam] [Substituted by Notification No. A-5-1-2006-1-V (72), dated 31-10-2006.];
(ii)the goods entered into a local area by a registered dealer for use as raw material are specified as such in his certificate of registration under the [VAT Adhiniyam] [Substituted by Notification No. A-5-1-2006-1-V (72), dated 31-10-2006.] on or before the date of entry of such goods;
(iii)entry tax at the concessional rate shall be charged by the selling registered dealer who sells goods specified in Schedule II to another registered dealer for use as raw material after satisfying himself that the goods being sold by him are specified as raw material in the certificate of registration under the [VAT Adhiniyam] [Substituted by Notification No. A-5-1-2006-1-V (72), dated 31-10-2006.] of the purchasing registered dealer and produces at the time of assessment a true declaration in Form I duly filled in and signed by the purchasing registered dealer. A declaration in Form I may cover more than one transaction of sale if the total sale price covered by the declaration does not exceed [rupees ten thousand] [Substituted by Notification No. 5-2-1979 (12)- V-ST, dated 27-4-1979.].
(2)[ (i) A registered dealer who is entitled to a set off under the second proviso to sub-section (1) of Section 4, in respect of the entry of goods specified in Schedule II [(other than those specified in serial number 3 thereof)] [Substituted by Notification No. 5-2-1979 (12)- V-ST, dated 27-4-1979.] into a local area shall claim such set off in his return in Form VII.
(ii)the set off shall be limited to 90 per cent of the purchase value of the raw material.
(iii)the set off shall be admissible only if the goods purchased on or after 1st October, 1978, had suffered entry tax at full rate under this Act in respect of their entry into a local area.
(iv)the set off shall be admissible subject to the following restrictions and conditions, namely :-
(a)the claimant is a dealer registered under the [VAT Adhiniyam] [Substituted by Notification No. A-5-1-2006-1-V (72), dated 31-10-2006.];
(b)the goods purchased by a registered dealer for use as raw material are specified as such in his certificate of registration under the [VAT Adhiniyam] [Substituted by Notification No. A-5-1-2006-1-V (72), dated 31-10-2006.] on or before the date of such purchase by him;
(c)the dealer claiming set off shall, at the time of assessment, produce a true declaration in Form II duly filled in and signed by the selling registered dealer and copies of the relevant bills or cash memoranda or other relevant documents in support thereof. A declaration in Form II may cover more than one entry of goods if the total purchase value covered by the declaration does not exceed ten thousand rupees.]]