MVAT Assessments u/s 23 of MVAT Act, 2002 in a glance.

Tabular presentation of MVAT Assessments procedures u/s 23 of the MVAT

Act, 2002 ( as amended in Maharashtra Budget, 2015) for quick reference at
a glance:

SR.NO. SECTION DESCRIPTION NOTICE TIME LIMIT POST TIME LIMIT FORM
FORM FOR ASSESSMENT FOR REMEDY FOR
PASSING REMEDY REMEDY
ORDER
1. 23(1) Ex Party Assessment, NA 3 years from - Pay taxes Refer Circular Normal
where return is not the end of - File return 12T of 2012. return
filed by dealer. F.Y., - Automatically No time limit Forms.
Order is passed containing Asst. Order specified.
without giving assessment gets cancelled.
reasonable period.
opportunity of being
heard to dealer.

2. 23(2) Return filed on time 301 4 years from -Apply for 30 days of 316
but Commissioner the end of cancellation as the date of
needs to check the F.Y. explained in service of the
claims of return so containing Sec 23(11) Asst. Order.
submit all details as assessment below.
asked in notice. period. OR
-Rectification 2 years from
application u/s the end of 307
24, if any F.Y. in which
mistake any order
apparent from passed has
records. been served.
OR
-If aggrieved
file appeal u/s 310
26, 60 days of
AND service of
-Apply for stay order. 311
AND,

-Intimate 30 days of
Assessing service of 314
Officer for stay order.
& appeal.
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3. 23(3) Return not filed by 301 5 years from -Apply for 30 days of 316
the prescribed date the end of cancellation as the date of
by the dealer. F.Y. explained in service of the
containing Sec 23(11) Asst. Order.
assessment below.
period. OR
-Rectification 2 years from 307
application u/s the end of
24, if any F.Y. in which
mistake any order
apparent from passed has
records been served.
OR
-If aggrieved 310
file appeal u/s
26, 60 days of
AND service of
-Apply for stay, order 311
AND

-Intimate 30 days of 314

officer for stay service of
& appeal. order.

4. 23(3A) Returns filed on time 301 7 Years from -Apply for 30 days of 316
or returns not filed the end Of cancellation as the date of
on or before F.Y. explained in service of the
prescribed date containing Sec 23(11) Asst. Order
(Assessment for the below.
period ending on or assessment OR
up to 31.03.2008) Period. -Rectification 2 years from 307
application u/s the end of
24, if any F.Y. in which
mistake any order
apparent from passed has
records. been served
OR
-If aggrieved
file appeal u/s 310
26, 60 days of
AND service of
-Apply for stay, order 311
AND

-Intimate 30 days of 314

officer about service of
stay & appeal

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 order.

5. 23(4) Failed to apply for 301 8 Years from -Apply for 30 days of 316
registration within the end of cancellation as the date of
prescribed period or F.Y. explained in service of the
not registered at all containing Sec 23(11) Asst. Order
though liable i.e. the below.
URD Asst. assessment OR
Period. -Rectification 2 years from 307
application u/s the end of
24, if any F.Y. in which
mistake any order
apparent from passed has
records. been served.

OR
-If aggrieved 310
file appeal u/s
26, 60 days of
AND service of 311
-Apply for stay, order.
AND

-Intimate 30 days of 314

officer about service of
stay & appeal order.

6. 23(5) Issued based/ 302 6 Years from -Apply for 30 days of 316
Transaction based the end of cancellation as the date of
Audit/ Asst. or F.Y. explained in service of the
during the course of containing Sec 23(11) Asst. Order
any proceedings if the below. (As (As amended
the commissioner is assessment amended by by
satisfied that there is Period. (As Maharashtra Maharashtra
tax evasion in any amended by Budget, 2015) Budget,
manner. Maharashtra 2015)
Budget, OR
2015)
-Rectification 2 years from
application u/s the end of
24, if any F.Y. in which 307
mistake any order
apparent from passed has

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 records. been served.
OR
-If aggrieved 310
file appeal u/s 60 days of
26, service of
AND order.
-Apply for stay, 311

AND
-Intimate 30 days of
officer about service of 314
stay & appeal. order.

7. 23(6) Commissioner of 315 6 Years from -Rectification 2 years from 307

opinion that any the end of application u/s the end of
turnover of sales or the year 24, if any F.Y. in which
of purchase has not containing mistake any order
been disclosed or assessment apparent from passed by
sales suppression or period. records. him has been
tax paid at lesser OR served.
rate or wrongly set- -If aggrieved 310
off/ deduction file appeal u/s
claimed. 26, 60 days of
AND service of 311
-Apply for stay, order.
AND

-Intimate 30 days of 314

officer about service of
stay & appeal. order.
8. 23(7) Fresh Assessment Nil 36 months Nil Nil Nil
for giving effect to from date
direction/ findings of the
any order made intimating
under this act or by the said
tribunal/ High Court/ findings or
Supreme Court. directions.
9. 23(8) Calls for all records Nil No order of Nil Nil Nil
& pass order though recovery till
in similar matter final
Tribunal has given decision.
decision against
Commissioner/ State
Govt. & S.G. has filed
appeal.
10. 23(9) Cancelled WEF 26/06/2014.

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11. 23(10) Dealer may be Nil Nil Nil Nil Nil
assessed under
single notice & by
single order, if
assessed for more
than one period
covered by return so
long all period are
comprised in one
year.
12. 23(11) Cancellation of Asst. NA 18 months Apply in Form 30 Days from 316
Order passed u/s from date/ 316 for service of
23(2), 23(3), 23(3A), deemed cancellation of assessment
23(4) & 23(5). (As date of order order,
amended by serving
Maharashtra cancellation
Budget, 2015) order in 3 months
Form 317. Cancellation from the end 317
order within 3 of the month
months, if not in which
cancelled than application in
deemed to be Form 316
cancelled at end received
of 3 months, from dealer.

Complete Fresh
Asst. within 18
months from
the date /
Deemed Date of
service of the
cancellation
order.

13. 23(12) Fresh order in place Complete Asst.

of order cancelled within 18
on application u/s months from
23(11). the date /
deemed date of
service of the
cancellation
order.

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Name: CA. Viral K. Chheda
Email Id: [email protected]

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