Amendment status not verified — confirm the current text below against the official source.
(1) Where any goods o:ri which tax, if any, had been paid under the existing law at the time of sale.thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the tax paid under the existing law where such goods are returned by a person, other than a registered p?rson, to the said place of business withti;t.?period of six months from the appointed day and such goods ?1'e identifiable to the satisfaction of the proper officer: Provided thatif the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply. (2) (a) Where,· in pursuance of a contract entered into prior to the appointedday, the price of any goods is revised upwards on or after the appointed day, the registeredperson who had sold such goods may issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed,within thirty days of such price revision and for the purposes of this Act, such supplementary invoice or debit note shall. be deemed to have been issued in respect of an outward supply made under this Act. (b) :Where, in pursuance of a contract entered into prior to the appoin?d day, the price of any goods is revised downwards on. or after the appointed day, the registeredperso:q .whohad sold such goods w,ay issue to the recipient a credit note, containing such particulars as may· be prescribed, within thirty days of such price revision and for the pµrposes of this Act such credit note shall be deemed to have been issued in respect of an outward supply made under this Act: Provided that the registered person shall be allowed to reduce his tax liability on account of issue of the' credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability. .. (3) Every claim.for refund filed by any person before, on or after the appointed day, for refund of any amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with · the provisions of existing law and any amount eventually accruing to him shall be refunded to him in cash in accordance with the provisionsof the said law: Miscellaneous transitional provisions. 142 Provided that where any claim for refund of the amount of input tax credit is folly or partiallyrejected,the amount so rejected shall lapse: Provided further that no refund claim shall be allowed of any amount of input tax credit wnerethe balance of the said amount as on the appointeddayhas been carried forward under this Act. (4) E??ryclaim for refund filed after the appointeddayfor refund of any tax paid under the existinglaw in respect of the goodsexported before or after the appointedday shall be disposedof in accordance with the provisions of the existing law: · Provided that where any claim for refund of input tax credit is fullyor partiallyrejected,·the amount so rejectedshall lapse: Provided further that no refund claim shallbe allowed of any amount of input tax credit where the balance of the said amount as on the appointedday has been carried forward under this Act. (5) Notwithstandinganything to the contrary contained in this Act, any amount of input tax credit reversed prior to the appointeddayshall not be admissible as input tax credit under this Act. · (6) (a) every proceeding of appeal, revision, review or reference relatingto a claim for input tax credit initiated whether before, on or after the appointeddayunder the existing law shall be disposed.ofin accordance with ll'P provisionsof the existinglaw, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law, and the amount rejected,if any, shall not be admissible as input tax credit under this Act: Provided that no refund claim shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointeddayhas been carried forward under this Act. (b) Every proceeding of appeal, revision, review or reference relatingto recovery of input tax credit initiated whether before, on or after the appointedday,under the existing law shall be disposedof in accordance with the provisions of the existinglaw, and if any amount of credit becomes recoverable as a result of such appeal,revision, review or · reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recoveredshall not be admissible as input tax credit underthis Act. 143 (7) (a) every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law:aµdif any amountbecomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and amount so recovered shall not be admissible as input tax credit under this Act.: (b) Every proceeding of appeal, revision, review or reference relating to any output tax ··l4ibility initiated whether before, on or after the appointed day under the existing law, shall be disposedof in accordance with the provisions of the existing lawi ·and any amount found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisionsoftheevJ;fo:g?w --- and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (8) (a) Where in pursuance of an.assessment or adjudication proceedings instituted; whether before, on or .after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the ?ti?"' 1 ... ---, \..,. - Act and the amount so recovered shall not be admissible as· Inputfax credit under this Act. (b) Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (9) (a) Where any return, furnished under the existing law, is revised after the appointed dayand if, pursuant to such revision, any amount is found to be recoverable or. any amount of input tax credit. is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as ab arrear of tax under this Act· and the amount so recovered shall not be admissiblqas input'tax credit under this .Act. · 144 (9) Where any return, furnished under the existing law, is revised after the appointedday but within the time limit specifiedfor such revision under the existing law and if, pursuant to such revision,.any amount is foundto be refundable or input tauredit is fou?dto be admissible to any taxable person, the same shall ?e refunded to him in. cash, underthe existinglaw, and the amount rejected, if any,shall not be admissible as input tax credit under this Act. (10) t1I) Save as otherwise provided - in this Chapter, the goods or services or both supplied on or after the appointed day in pursuance of a contract entered into prior to the appointedday shall be liable to tax under the provisions ofthisAct. (a} "Notwithstandinganythingcontained in section 12, no taxshall be payableon goods under this Act tothe ?;xJent the Jax was leviable on the said goods under the Mau;??,rValue Ad4?Tex Act, 2004. 32ofl994 --- of---- 32 of i'.,\94 (b) Notwithstandinganythingcontained in section 13, no tax shall be payabl?on services under this Act to the extent the tax was 'ltviable on the said services under Chapter V of the Finance Act, 1994. · (c) Where tax was paid on any supply,both ttndei the Manipur Value Added T;;yA\ct, 2004 and under Chapter _)[. 9f tit,??-? l?, ··t!...?.·shall be leviable wider ?· . mis Act and the taxable person. sh.all'be entitled to take credit of value added tax.Qr s.:ervicretaxpaid under the existing law to the extent of supplies made after the appointeddayand such credit shall be.calculated in such manner as may be prescribed. (12) Where any goodssent on approvalbasis, not.earlier than six months before the appointedday,are rejectedor not. approvedby the buyer and returned to the seller on or after the appointedday, no tax shall be payablethereon if such goods are returned within six months from the appointedday: Provided that the said period of si:x:months may, on sufficient ause being shown, 'be extended by the Commissioner for a further . ieriod nof exceedingtwo months: ? P.rgyidedfurther that the tax. shall be.payableby the person re?1armngthe goodsif such goods are liaJ?µ:w tax under .this Act, and are returned after the period specifiedin this sub-sectlon; 145 Provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this Act, and are not returned within the period specified in this sub-section. (13) Where a supplier has made any sale of gooils in respect of which tax was required . to be deducted at source under the Manipur Value Added Tu, 20CK and has also issued an invoice for the same before the appoinkd day. no deduction of tax at source under section 51 sbaB be made by the deduct or under the said seclion wbc:R payment to the said supplier is m84le on or ala- the appointed day. Explanation;- · For the purposes of this Chapter, the - apmon "capitalgoods" shall have the same meaning as assigned to it in the Manipur Value Added Tax, 2004. 146 CHAPTER XXI MISCELLANEOUS PROVISIONS