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69.
Special provisions relating to
industrial units availing or entitled to avail tax concessions under rules 28A,
28B or 28C of the 1975 Rules. section 61(2)(d).
(1)
An industrial unit, availing the benefit of exemption from payment of tax or the
benefit of capital subsidy under the existing rules, may, within fifteen days
from the date of coming into force of these rules, make an application in Form
VATA5 along with documents mentioned therein to the officer in charge of the
district indicating its option to change over to deferment of tax for the
remaining period and the remaining extent of benefit. No application shall be
entertained if not preferred within time. An application with incomplete or
incorrect particulars including the document required to be attached therewith
shall be deemed as having not been made if the applicant fails to correct it
or/and complete it, as the case may be, on an opportunity afforded to him in
this behalf.
(2)
On receipt of application under sub-rule (1), the officer in charge of the
district after satisfying himself that the application is within time, correct
and complete in all respect and the applicant is a genuine industrial unit,
shall, within fifteen days, issue an entitlement certificate in Form VAT-G14 in
lieu of exemption certificate where the applicant unit was availing the benefit
of exemption from
payment
of tax and a revised entitlement certificate in Form VAT-G15 where the applicant
unit was availing the benefit of capital subsidy which shall take effect from
the appointed day and shall entitle the unit to deferment of payment of tax for
five years. The Unit may, in lieu of availing deferment of tax, elect, by
indicating in the application made under sub-rule (1), to make payment of
one-half of the tax otherwise due before the time prescribed for filling of
quarterly returns and where the tax is so paid the unit shall have no further
liability to pay tax for the said period and such payment for the purpose of
computation of tax benefit availed by the unit and input tax passed on to the
purchaser, if otherwise admissible to him, shall be deemed to be the full
payment. This facility shall also be available to a unit who has been availing
the benefit of deferment of payment of tax before the appointed day provided
such unit sends an intimation to the officer incharge of the district within 15
days of coming into force of these rules in writing in this behalf. The
entitlement or the revised entitlement certificate, as the case may be, shall be
subject to the conditions and restrictions specified therein or under the
existing rules under which the eligibility/entitlement certificate to such
applicant was issued.
(3)
Where a unit holding an entitlement or a revised entitlement certificate, as the
case may be, elects to avail deferment of payment of tax, it shall, if no
security for the payment of deferred tax is required to be furnished under the
existing rules, furnish security for the full amount of tax to be deferred to
the satisfaction of the appropriate assessing authority. The security shall be
furnished in advance for the tax to be deferred in a year or the remaining
period if less than one year within a month of the beginning of the year or
before the end of the remaining period if less than a month and where such
security falls short of the amount of tax deferred at any time additional
security of the adequate amount shall be furnished within a month. The
security shall be fully maintained for the whole of the period till the
payment of the deferred tax is fully made. If a unit fails to furnish the
security or the additional security, as the case may be, in time, it shall not
be entitled to the benefit of
deferment
of payment of the unsecured amount of tax and such tax shall become recoverable
immediately with interest as if the unit was not entitled to the deferment of
this tax.
(4)
While issuing an entitlement or revised entitlement certificate under sub-rule
(2), the officer in charge of the district shall after verification from his
record indicate therein the remaining period and the remaining extent of benefit
and shall keep a record of such certificates and the benefit availed on the
strength of same in a register in Form VAT-G16.
(5)
Where an industrial unit, availing the benefit of exemption from payment of tax
or the benefit of capital subsidy under the existing rules fails to make an
application in Form VAT-A5 in the manner and within the time prescribed under
sub-rule (1) the exemption certificate or the entitlement certificate, as
the case may be, shall cease to be operative and such industrial unit, from the
appointed day, shall not be entitled to avail the exemption from payment of tax
or the benefit of capital subsidy, as the case may be.
(6)
The deferred amount of tax shall be converted into interest free loan in respect
of each industrial unit on annual basis in the manner laid down by the Industry
Department of the State Government.
(7)
Any amount becoming due for payment on account of failure to comply with the
conditions (I) and (II) of sub-clause (i) of clause (d) of sub-section (2) of
section 61, shall be paid without interest by twelve equal monthly instalments.
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