| 51.  Claim and grant of set-off in respect of purchases held in stock  in the  appointed day.
 (1) Notwithstanding anything contained in  rules  53  and  54, while  assessing the  amount of
tax,  payable by any  registered dealer  in respect of any  period  starting on or after  the  1st April  2005  but  ending on or before  the  31st  March  2006,  the  Commissioner shall  in respect of the  purchases or, as the  case  may  be,  entry  of any  goods  made  by the  registered dealer   (hereinafter  in  this  rule  referred to  as
the claimant dealer  at  any  time  on  or before  the  31st  March  2005  and held  in stock  by  him  on  31st  March  2005  at  the  close  of business, grant  him  a  set- off  of  an  amount equal   to  the  aggregate   of  the following sums  that  is to
say,
 
 (a)   in  respect of the  said  purchases covered  by the  Bombay
 
 Sales  Tax  Act,  1959,  a sum  calculated in accordance with  rule 44D  of  the  Bombay  Sales  Tax  Rules,  1959,  as  the  rule  stood immediately before  the  appointed day,  if the  conditions specified in  the  said  Act  and  Rule  are  fulfilled.
 
 (b)  in respect of purchases covered  by any  of the  earlier laws  other  than  the  Bombay  Sales  Tax Act, 1959,  a sum  collected separately  from the  claimant dealer  by the  other  registered dealer or, as the  case  may  be,  person holding licence, by  way  of tax  on the  purchase made  by  him  from the  other  registered dealer  or, as the  case  may  be,  person  holding licence, of the  said  goods,
 
 (c) any  sum  paid  by the  dealer  on his  purchases or, as the case  may  be,  the  entry  of goods,  under the  Maharashtra Tax  on Entry  of  Motor  Vehicles  into  the  Local  Areas  Act,  1987  or  the Maharashtra Tax  on  the  Entry  of Goods  into  the  Local  Areas  Act, 2002.
 
 (2)   No set-off shall be allowed under this rule,
 
 (a)   in  respect of  any  purchase or  entry  of  goods  if  the claimant dealer  has  claimed set-off,  drawback or, as the  case  may be,  refund in  respect of the  said  purchase or  entry  under any earlier law,  and
 
 (b)   unless the  goods  are  resold  on  or  after  the  1st  April
 
 2005  and  on or before  the  31st  December 2005  or are used  in the packing  of goods  so resold  2[or,  as the  case  may  be, the  goods  are subjected to a  process enumerated in  rule  3 of the  Bombay  Sales Tax  Rules,   1959,  as  the  rule  stood  immediately  before  the appointed day  and  the  processed goods  are  sold  on  or before  the 31st  December 2005  or are used  in the  packing of goods  so
sold;
 
 (c)   in  respect of goods  treated as capital assets  unless the said  assets  are  purchased on or after  the  1st  April  2003  or their  entry  in the  State  has  taken  place  on or after  the  1st  April  2003 and  are resold  on or  before  the  31st  December 2005.
 
 Explanation For the  purposes of clauses (b) and  (c) the  word goods resold  will  also  include goods  dispatched outside the  State,  to any  place  within India,  not  by reason  of sale,  to the
dealers  own  place  of  business  or  of  his  agent  and  where   the  claimant dealer   is  a commission  agent,  to the  place  of his  principal or  are  used  in  the packing of goods  so
dispatched.
 
 (3)   The set-off under this  rule  shall  be claimed,
 
 (a)    in respect of capital assets  only  when  they  are  resold and  such  claim  shall  be  made  in  the  return for  the  period   in which the  said  capital assets  are resold,  and
 
 (b)   in respect of other  goods  in the  period  starting on the
 
 1st April 2005.
 
 (4)   The  set-off  under this  rule  shall  not  be granted unless the claimant dealer  has  complied with  the  requirements of the  notification within  the  time  specified therein issued  under section 84.
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