Time for filing returns by the 'developers' as per clause (m) of the Trade Circular dated 6th August 2012 shall be extended up to October 31, 2012

Summary: The time provided in Clause (1) of the Trade Circular dated August 6, 2012 for registration by the developers by August 31, 2012 would be extended by the State of Maharashtra to October 15, 2012 and the time for filing returns provided in clause (m) of the said circular would be extended to October 31, 2012.

SUPREME COURT OF INDIA

Promoters & Builders Assn.

vs.

State of Maharashtra

R.M. LODHA, ANIL R. DAVE

AND RANJAN GOGOI, JJ.

CIVIL APPEAL NO. 17709 OF 2012

AUGUST 28, 2012

ORDER

I.A. No. 2 in S.L.P. (C) Nos. 17709, 17738 and 21052 of 2012:

We have heard Dr. Abhishek Manu Singhvi, learned senior counsel for the petitioners-applicants and Mr. Darius Khambata, learned Advocate General for the State of Maharashtra.

2. In the course of arguments, Mr. Darius Khambata, learned Advocate General for the State of Maharashtra submitted that the time provided in Clause (1) of the Trade Circular dated August 6, 2012 for registration by the developers by August 31, 2012 would be extended by the State of Maharashtra to October 15, 2012 and the time for filing returns provided in clause (m) of the said circular would be extended to October 31, 2012.

3. Having regard to the above statement of the learned Advocate General, we are satisfied that the following interim arrangement shall subserve the ends of justice:

(i)  The time for registration by the developers as per clause (1) of the Trade Circular dated August 6, 2012 shall stand extended up to October 15, 2012 and the time for filing returns by the developers as per clause (m) of the said circular shall stand extended up to October 31, 2012.

(ii)  In case the concerned developers pay tax under the Maharashtra Value Added Tax Act, 2002 (for short "2002 Act") as amended videsection 2(24) w.e.f. June 20, 2006 on or before October 31, 2012, the coercive process for recovery of tax, interest or penalty shall remain stayed. This shall however not preclude the Assessing Officer to complete the assessment.

(iii)  The above payment of tax by the concerned developers shall be subject to the final decision in the matter before this Court.

(iv)  In case the amendment in section 2(24) of the 2002 Act is held to be unconstitutional and the tax so deposited/paid by the developers is ordered to be returned by the State Government to the developers, the same shall be returned along with interest at such rate that may be ordered by the court finally at the time of disposal of the matter.

4. I.A. No. 2 in S.L.P. (C) Nos. 17709, 17738 and 21052 of 2012 stand disposed of accordingly.

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