77. Particulars to be specified in a tax invoice, bill or cash memorandum
(1) Every dealer who is required by sub-section (1) of section 86 to issue a tax invoice in respect of goods sold by him shall, in addition to the particulars specified in the said section, cause a certificate as below to be printed on the invoice and signed by himself or by a person duly authorised by him.
"I/We hereby certify that my/our registration certificate under the Maharashtra Value Added Tax Act, 2002 is in force on the date on which the sale of the goods specified in this tax invoice is made by me/us and that the transaction of sale covered by this tax invoice has been effected by me/us and it shall be accounted for in the turnover of sales while filing of return and the due tax, if any, payable on the sale has been paid or shall be paid"
(2) Every dealer who is exempted from the payment of tax by virtue of an Entitlement Certificate granted to him by the Commissioner, shall, when issuing an invoice in respect of any goods covered by his Certificate of Entitlement, comply with the requirements of sub-rule (1) but in place of the certificate provided therein the invoice shall contain a declaration as follows, namely:-
"I/We hereby declare that sale of goods evidenced by this invoice is exempt from the whole of sales tax in my/our hands on account of the Certificate of Entitlement bearing No. __________________ duly granted to me/us and as such my/our immediate purchaser shall not be entitled to claim any set-off in respect of this transaction under any provision of Maharashtra Value Added Tax Act, 2002 or the rules framed thereunder and that the transaction shall be accounted for in the turnover of sales while filing my/our return.”
(2A) Where the tax invoice or as the case may be, bill or cash memorandum is issued in respect of resale of goods which are manufactured by a dealer, whose sales are exempted from payment of tax under entry (1) or entry (2) of the Schedule appended to the Government Order, Finance Department, No. VAT-1505/CR-122/Taxation - 1, dated 1st April 2005, the said tax invoice or as the case may be, bill or cash memorandum shall, in addition to the certificate referred to in sub-rule (1) or, as the case may be, sub-rule (3), contain a declaration as follows, namely:-
"I/We hereby declare that the first sale of the goods sold under this tax invoice / bill/ cash memorandum is exempted from whole of tax in the hands of the manufacturer under entry (1) or entry (2) of the Schedule appended to the Government Order, Finance Department No. VAT-1505/CR-122/Taxation - 1, dated 1st April 2005 .
(The above sub-rule (2A) is inserted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(3) Where a dealer liable to pay tax under this Act, sells any goods to any person other than a registered dealer, and is required to issue a bill or cash memorandum, he shall cause it to be serially numbered, signed and dated and the bill or cash memorandum should contain the details of the full name and style of his business, the address of his place of business, the number of his certificate of registration, the particulars of the goods sold and the sale price thereof and the bill or cash memorandum shall contain a certificate as follows:-
“I/We hereby certify that my/our registration certification under the Maharashtra Value Added Tax Act, 2002 is in force on the date on which sale of goods specified in this bill/cash memorandum is made by me/us and that the transaction of sale covered by this bill/cash memorandum has been effected by me and it shall be accounted for in the turnover of sales while filing my return.”