Date: 2025-07-30Category: Not ApplicableState: MaharashtraCountry: India
Part VIII, Ext. No. 74, MAHARASHTRA ACT No. XL OF 2025
An Act to amend the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) Act, 2025. Wednesday, 30th July 2025.
**Executive Summary**
The document is the Maharashtra Act No. XL of 2025, an amendment and validation act pertaining to the settlement of arrears of tax, interest, penalty, or late fees payable by Public Sector Undertaking Companies. It amends the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) Act, 2025. It came into force on March 21, 2025.
**Key Points / Main Content**
* **Amendment of Short Title:** The phrase "(Payable by Public Sector Undertaking Companies)" is to be deleted from the short title of the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) Act, 2025.
* **Amendment to Section 2:** The definition of "applicant" in Section 2(1)(c) of the principal Act is replaced with a new definition.
* The new definition of "applicant" includes Public Sector Undertaking Companies, Corporations, Public Sector Banks, Departments, Rural or Urban Local Bodies, or other Authorities, Enterprises, or Entities established under an Act of Parliament or any State Legislature or by any Government Resolution. It applies to entities liable to pay arrears of tax, interest, penalty, or late fee and who wish to settle under this Act.
* **Validation:** Payments of tax, interest, penalty, or late fee made or collected under the Act from any applicant after its commencement are deemed valid, as if the provisions of the Act, as amended, had been continuously in force from March 21, 2025.
* No suits or proceedings can be maintained or continued for the refund of any amount received.
* No court or authority can enforce any decree or order directing a refund of any amount received.
**Impact Analysis**
**Stakeholder: Public Sector Undertaking Companies, Corporations, Public Sector Banks, Departments, Rural or Urban Local Bodies, or other Authorities, Enterprises, or Entities liable to pay arrears of tax, interest, penalty, or late fee**
* **Impact:** The definition of "applicant" is changed, which broadens the scope of entities that can avail the benefit of settlement. Payments made under the unamended act are validated.
* **Action Required:** Need to understand the new definition of applicant and determine eligibility for settlement under the amended Act. Be aware that no refund suits can be maintained or continued.
Key Entities Referenced
Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) Act, 2025: The primary act being amended by the Maharashtra Act No. XL of 2025, dealing with the settlement of arrears of tax, interest, penalty, or late fee payable by public sector undertaking companies.
Maharashtra Act No. XL of 2025: An act to amend the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) Act, 2025.
Public Sector Undertaking Companies: Companies that are defined as Public Sector Undertaking Companies, Corporations, Public Sector Banks, Departments, Rural or Urban Local Bodies, or other Authorities, Enterprises or Entities, which are established under an Act of the Parliament or any State Legislature or by any Government Resolution which is liable to pay arrears of tax, interest, penalty or late fee levied or leviable under the Relevant Act
Maharashtra: The state to which this Act applies.
RNI No. MAHENG /2009/35528
महाारााष्ट्रट शाासन रााजपत्र
असाधााराण भााग आठ
वर्षष ११, अंक ३३(२)] बुुधावारा, जुलैै ३०, २०२५/श्राावण ८, शाके १९४७ [ पष्ृठ े2, किंकमं त : रुपये े२७.००
असाधााराण क्रमांक ७४
प्रााकिंधाकृत प्राकाशान
महाारााष्ट्र किंवधाानमंडळााचेे अकिंधाकिंनयेम व रााज्येपालैांनी प्राख्येाकिंपत केलैेलैे अध्येादेेशा व केलैेलैे
किंवकिंनयेम आकिंण किंवकिंधा व न्येाये किंवभाागाकडून आलैेलैी किंवधाेयेके (इंंग्रजी अनुवादे).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee (Payable
by Public Sector Undertaking Companies) (Amendment and Validation) Act, 2025 (Mah. Act No. XL
of 2025), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
MAHARASHTRA ACT No. XL OF 2025.
(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette” , on the 30th July 2025).
An Act to amend Maharashtra Settlement of Arrears of Tax, Interest, Penalty or
Late Fee (Payable by Public Sector Undertaking Companies) Act, 2025.
Mah. WHEREAS it is expedient to amend the Maharashtra Settlement
XVII of of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector
2025.
Undertaking Companies) Act, 2025, for the purposes hereinafter appearing; it
is hereby enacted in the Seventy-sixth Year of the Republic of India as follows :–
1. (1) This Act may be called as the Maharashtra Settlement of Arrears Short title and
of Tax, Interest, Penalty or Late Fee (Payable by Public Sector Undertaking commencement.
Companies) (Amendment and Validation) Act, 2025.
(2) It shall be deemed to have come into force on the 21st March 2025.
(१)
भाग आठ-७४–१2 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग आठ, जुलैै ३०, २०२५/श्राावण ८, शाके १९४७
Amendment 2. In the Short title of the Maharashtra Settlement of Arrears of Tax, Mah.
of Interest, Penalty or Late Fee (Payable by Public Sector Undertaking Companies) XVII of
Short title of 2025.
Act, 2025 (hereinafter referred to as “the principal Act”), the brackets and words
Mah. XVII of
2025. “(Payable by Public Sector Undertaking Companies)” shall be deleted.
Amendment 3. In section 2 of the principal Act, in sub-section (1), for clause (c), the
of section 2 of following clause shall be substituted, namely :–
Mah. XVII of
2025. “(c) “applicant” means a Public Sector Undertaking Companies,
Corporations, Public Sector Banks, Departments, Rural or Urban Local
Bodies, or other Authorities, Enterprises or Entities, which are established
under an Act of the Parliament or any State Legislature or by any
Government Resolution which is liable to pay arrears of tax, interest,
penalty or late fee levied or leviable under the Relevant Act and who
desires to avail the benefit of settlement by complying with the conditions
under this Act.”.
Validation. 4. Notwithstanding anything contained in the Maharashtra Settlement Mah.
of Arrears of Tax, Interest, Penalty or Late Fee (Payable by Public Sector XVII of
2025.
Undertaking Companies) Act, 2025 (hereinafter referred to as “the said Act”)
or in any judgement, decree or order of any Court, any payment of requisite
amount of tax, interest, penalty or late fee under the relevant Act as defined
under the said Act, paid or collected under the said Act from any applicant,
after the commencement of the said Act, shall be deemed to be and shall be
deemed always to have been, duly and validly paid and collected in accordance
with law as if the provisions of the said Act, as amended by this Act, had been
continuously in force with effect from the 21st March 2025 and accordingly,—
(a) no suit or proceedings shall be maintained or continued in or before
any court or any authority for the refund of any amount received or realised
by way of requisite amount ;
(b) no court or any other authority shall enforce any decree or order
directing the refund of any amount received or realised by way of such
requisite amount.”.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.