The MIZORAM VALUE ADDED TAX (AMENDMENT) ACT, 2017

The Mizoram GazetteEXTRA ORDINARY
Published by AuthorityRNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
NOTIFICA TION
No. H. 12018/122/2017-LJD, the 1 st June, 2017. The following Act is hereby published for general
information.
The Mizoram Value Added Tax (Amendment) Act, 2017
(Act No. 7 of 2017)
(Received the assent of the Governor of Mizoram on the 26th May, 2017)
THE MIZORAM V ALUE ADDED TAX (AMENDMENT) ACT, 2017
Further to amend The Mizoram Value Added Tax Act, 2005
It is enacted in the Sixty-eight Year of Republic of India as follows:
Short title 1. This Act may be called The Mizoram Value Added Tax (Amendment) Act,
2017.
Commencement 2. T h i s A c t sh a l l c o m e i n t o f o r c e f r o m t h e d a te o f c o m m e n c e m e n t o f th e
Mizoram Goods and Services Tax Act, 2017.
Amendment of 3. In the Preamble of the Mizoram Value Added Tax Act, 2005 (Act No. 1 of
Preamble 2005) (hereinafter referred to as the Principal Act), the words “or purchase
(s)” shall be omitted.
Amendment of 4. In section 2 of the Principal Act: –
section 2 (1) clauses (8), (10), (12), (17), (26), (39), (41) shall be omitted.
(2) clause (15), shall be substituted by the following, namely –
“(15)”goods” means goods specified under Entry 54 of List II of the
Seventh Schedule to the Constitution of India.” ”
(3) in clause (20), the words “or purchase” shall be omitted.
(4) after clause (28), a new clause 28A shall be inserted as follows, namely,
“(28A). “Schedule” means the Schedule appended to this Act.” ”
VOL - XLVI     Aizawl,    Friday   2.6.2017     Jyaistha  12,     S.E.  1939,     Issue No. 246
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Amendment of 5. In section 7 of the Principal Act:-
section 7 (1) in clause (a) of sub-section (1), the word “or contractual transfer
price” shall be omitted.
(2) in sub-clause (i) of clause (b) of sub-section (1), the word “or contractual
transfer price” shall be omitted.
(3) clauses (c) and (d) of sub-section (5) shall be omitted.
Amendment of 6. In section 8 of the Principal Act: –
section 8 (1) sub-section (1) shall be substituted by the following, namely,
“(1) “The tax payable by a dealer liable to pay tax under section 7 of
the Act shall be levied on his taxable turnover in respect of goods
specified in the ‘Schedule’, at the first point of sale of such goods
within the State, at the rate or rates specified therein.”
(2) in sub-section (2), the words “or taxable contractual transfer price”
and “or contractual transfer price” shall be omitted.
(3) in sub-section (2), clause (a), clause (b) and clause (c) shall be omitted.
Omission of section 9 7. Section 9 of the Principal Act shall be omitted.
Omission of section 10 8. Section 10 of the Principal Act shall be omitted.
Amendment of 9. In section 11 of the Principal Act: –
section 11 (1) in sub-section (1), for the words “Schedule II”, the word “Schedule”
shall be substituted.
(2) sub-section (2) shall be omitted.
Omission of section 12 10. Section 12 of the Principal Act shall be omitted.
Amendment of 11. In section 13 of the Principal Act: –
section 13 (1) sub-section (1) shall be substituted by the following, namely,
“The net tax payable by a registered dealer for a tax period shall be
equal to the output tax payable for the said tax period, where the
output tax is the tax at the first point of sale which can be determined
from the following formula:
Net Tax Payable = Rate of Tax x Balance of gross turnover after making
  deduction there from under section 8
   _______________________________________
   100   +   Rate of tax      ”
(2) sub-section (3) shall be omitted.
Omission of section 14 12. Section 14 of the Principal Act shall be omitted.
Omission of section 15 13. Section 15 of the Principal Act shall be omitted.
Omission of section 16 14. Section 16 of the Principal Act shall be omitted.
Omission of section 18 15. Section 18 of the Principal Act shall be omitted.
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Insertion of section 21A16. After section 21, a new section 21A shall be inserted as follows, namely –
“21A.  All registered dealers not dealing with goods defined under
clause (15) of section 2 of the Act shall be deemed to be deregistered from
the date this Amendment Act is come in to force and their registration
certificates shall stand cancelled thereafter.”
Amendment of 17. In section 24 of the Principal Act: –
section 24 (1) in sub-clause (iii) of clause (c) of sub-section (1), for the figure “2%”,
the figure “0.5%” shall be substituted.
(2) in sub-section (2), for the figure “2%”, the figure “0.5%” shall be
substituted.
Amendment of 18. Sub-section (2) of section 25 of the Principal Act shall be omitted.
section 25
Amendment of 19. In section 31 of the Principal Act:-
section 31 (1) in clause (c), sub-section (1), the word “input tax credit” shall be omitted.
(2) clause (c) of sub-section (7) shall be omitted.
Amendment of 20. Clause (e) of sub-section (1) of section 34 of the Principal Act shall be
section 34 omitted.
Amendment of 21. In sub-section (5) of section 37 of the Principal Act, for the figure “2%”,
section 37 the figure “0.5%” shall be substituted.
Amendment of 22. In sub-section (4) of section 45 of the Principal Act, for the words “two
section 45 percent”, the figure “0.5%” shall be substituted.
Omission of section 48 23. Section 48 of the Principal Act shall be omitted.
Amendment of 24. Clause (a) and (d) of sub-section (2) of section 50 of the Principal Act shall
section 50 be omitted.
Omission of section 53 25. Section 53 of the Principal Act shall be omitted.
Insertion of sub-section 26. After sub-section (1) of section 82 of the Principal Act, a new sub-section
(1)A of section 82 (1) A shall be inserted namely-
“(1)A. A registered dealer who would have continued to pay tax
under the The Mizoram (Sales of Petroleum and Petroleum Products,
including Motor Spirit and Lubricants) Taxation Act, 1973, as repealed by
the Mizoram Goods and Services Tax Act, 2017, had this amendment Act
not come into force, and who makes an application for registration in terms
of this Act, shall be deemed to be a registered dealer till fresh registration
is granted to him under this Act.”
Omission of section 84 27. Section 84 of the Principal Act shall be omitted.
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Amendment of 28. In section 85 of the Principal Act:–
section 85 (1) clause (b) of sub-section (1) shall be omitted.
(2) in sub-section (2), the words “and payment may, notwithstanding
anything contained in sub-section (1), be made to such dealer for
execution by him of a works contract referred to in section 7 on
production by him of such certificate of the Commissioner” shall be
omitted.
Amendment of 29. Schedule I, Schedule II and Schedule III of the Principal Act shall be
Schedule substituted by the following Schedule, namely:-
The Schedule
(See Section 11)
Sl. No. Description of Goods Rate of Tax
1. High Speed Diesel 12%
2. Motor Spirit (Commonly known as petrol) 20%
3. Petroleum Crude 5%
4. Aviation Turbine Fuel
a)  From every dealer on his turnover from 4%
    sale of ATF to a turbo-prop Aircraft)
b) From sale other than above 20%
5. Natural gas 5%
6. Alcoholic Liquor for human consumption 16%
Secretary,
Law & Judicial Department,
Govt. of Mizoram.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/200

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