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MAHARASHTRA PROFESSION TAX ACT, 1975
 
I) LAWS & PROCEDURES:
 

1) By whom payable?
Every person engaged actively or otherwise in any profession, trade, calling or employment and falling under one or other classes mentioned in Schedule I of Maharashtra State Tax on Professions, Trades callings and Employment’s Act, 1975 is liable to pay to State Government, tax prescribed under the said Schedule [Section 3 (2)]


2) Registration and Enrollment:

Registration:

In respect of persons earning salary or wages the responsibility is cast upon the Employer to register himself/itself and to deduct and pay the profession tax at the prescribed rate.


Enrollment:
Persons other than earning salary or wage, i.e. the self-employed persons have to enroll themselves and pay the profession tax at the prescribed rate.


3) The following classes of persons are exempted from payment of Profession Tax:

  1. Members of the forces as defined in the Army Act,1950 or the Air Force Act,1950 and the Navy Act,1957 including members of auxiliary forces or reservists, serving in the state.
  2. The badli workers in the textile industry.
  3. Any persons suffering from a permanent physical disability (including blindness) as specified in the rule no.32, which is certified by a physician, surgeon or an oculist, who are working in a Government Hospital and which has the effect of reducing normal work or engagement in a gainful employment as occupation.
  4. Woman exclusively engaged as agent under the Mahila Pradhan Kshatriya Bachat Yojana or director of small savings.
  5. Parents or guardian of any person who is suffering from mental retardation specified in rule 32, which is certified by a Psychiatrist working in a Government Hospital.
  6. Persons who have completed the age of sixty five years (Senior Citizen)
  7. Parents or guardian of a child suffering from a Physical disability as specified in clause (c)

4) Penal Consequences for Defaults:

  1. Interest on delayed payment of profession tax  

       Interest is payable @ 2% per month upto 30.06.2004

       Interest is payable @ 1.25% per month w.e.f 01.07.2004

   b. Penalties.
Default Penal Consequences

1. Delay in Application:

  1. By an employer for Registration

  2. By any person for Enrollment

  1. Penalty of Rs.5/- (Rs.20/- upto 30.4.02) for each day of delay.

  2. Penalty of Rs.2/- (Rs.5/- upto 30.4.02) for each day of delay.

2. Late filing of Returns by employer

Rs.300/- per Return (upto  Rs. 5/- for each day of delay upto 30.4.02)

3. Non payment or late payment of Profession Tax

Penalty equal to 10% of the tax due (upto 50% of the tax due upto 30.4.02)

All the above penalties will be levied after giving an opportunity of being heard.
 
5) Composition Scheme:

Enrolled persons can discharge their liability of next five years by making advance payment of four times of the annual liability before 30th June of the year. Any increase or decrease in the tax rate within the said period of five years will not vary the tax liability of such persons.

 
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II) DUE DATES FOR FILING RETURN AND PAYMENT OF TAX:
 
Registered Employer:
 
Payment of Tax Months in which salary/wages etc. paid and amount of tax deducted Due date for filing the return/payment

1. For first year

April to June
July to September
October to December
January to March

30th June
30th September
31st December
31st March

2. Subsequent year

 

 

i) If tax Liability less than Rs.5000

Tax to be paid for Salary Paid during April to March

Annual return on or before 31st March of the year to which return relates.

ii) If tax Liability more than 5000 but less than 20000 April to June
July to September
October to December
January to March
30th June
30th September
31st December
31st March
iii) Tax liability More than Rs. 20000 For the salary paid in respective month. Monthly Return on or before the last day of month to which return relates
Note: Return/Challan is to be filed in Form III
 
(B) Enrolled Persons:
 
Enrolled persons can discharge their liability by making payment of tax in Challan No. VIII. Due dates for payments are as follows :
PERSONS DUE DATE

Explanation II: Where the gross amount charged by a service provider is inclusive of service tax payable, the value of taxable service shall be such amount as with the addition of tax payable, is equal to the gross amount charged. .

Before 30th June of the Financial year

In respect of persons who is enrolled after the 31st May of a year.

Within one month of the date of enrollment

 
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III) RATES OF TAXES:
 
Schedule of rates of taxes on professions, trades, callings and employments
(1) For salaried persons rate of deduction of Profession Tax w.e.f. 01.04.2006
Persons whose monthly salaries or wages:

Do not exceed rupees 2500  

NIL

Exceed Rs. 2500 but do not exceed Rs. 3500

60 per month

Exceed Rs. 3500 but do not exceed Rs. 5000

120 per month

Exceed Rs. 5000 but do not exceed Rs.10000

175 per month

Exceeds Rs.10000   

200 per month except Feb.for which Rs. 300/-

Others

(a) w.e.f. 1.4.2006 various classes of self employed persons are liable to pay tax, at Rs. 2500/- per annum except as mentioned separately in (b) and (c) in respect of Dealer enrolled under entry 8 and 10 of the Schedule I respectively. 

(b) Dealers Registered under the Maharashtra Value Added Tax Act, 2002  or dealers registered only under the Central Sales Tax Act, 1956.
Whose total turnover of sales or purchases

1.

Is Rs. 25 Lakh or less 

2000 per annum

2. 

Exceeds Rs. 25 Lakh 

2500 per annum

(c) An employer or establishment as defined in the Bombay Shops and Establishment Act, 1948 not covered in any other schedule entry

(i) Situated within an area to which aforesaid Act applies where

a.

Employees employed are NIL

1000 per annum

b.

Employees employed does not exceed 2

2000 per annum

c. 

Employees employed exceed 2

2500 per annum

(ii) Situated within an area to which aforesaid Act does not apply

a.

Employees employed are NIL

 500 per annum

b.

Employees employed does not exceed 2

1000 per annum

c. 

Employees employed exceed 2

2500 per annum

 

 
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