Remission of tax payable by a newly set up industrial unit or the expanded portion of an existing industrial unit.
177. (1) Where a registered dealer manufactures any goods, in a newly set up industrial unit established by him, or in an expanded portion of an existing industrial unit, in West Bengal, the output tax payable under the Act by such dealer who is entitled to enjoy the remission of tax under clause (c) of sub-section (1) of section 118, according to his returns referred to in sub-section (1) of section 32 in respect of sales of such goods manufactured in such unit shall, subject to sub-clause (c) of sub-section (1) of section 118 and subject to such conditions and restrictions as prescribed in these rules, continue to be remitted for the balance unexpired period.
(2) The balance unexpired period in respect of which the dealer is eligible for remission of tax under sub-rule (1) (hereinafter referred to as the "available eligible period") shall commence from the appointed day and shall expire on the completion of such period.Provided that payment of tax shall not be remitted after the amount of output tax or the aggregate of the amounts of such tax payable from the appointed day, exceeds any of the limits prescribed under sub-rule (3) at any time before the completion of the available eligible period.
(3) The amount of output tax or the aggregate of the amounts of such tax payable that the dealer is eligible for remission under clause (c) of sub-section (1) of section 118 for the whole of the available eligible period shall be such balance un-expired amount of the specified percentage of the gross value of fixed capital assets which he would have continued to enjoy under section 41, section 42, or section 43 of the West Bengal Sales Tax Act, 1994 (hereinafter referred to as the "previous Act") on sales of goods manufactured in such newly set up industrial unit or expanded portion of existing industrial unit, as the case may be, on the appointed day had this Act not come into force, or the amount (hereinafter referred to as the "balance available amount") in rupees which remains after deducting the amount of tax that has already been remitted by him under the provisions of the previous Act, up to the day immediately preceding the appointed day, whichever is less.
(4) A registered dealer availing of the benefit of remission of tax under this rule shall, notwithstanding such remission, furnish returns as required by section 32 and the rules made thereunder.
(5) For the contravention of any provisions of these rules, the benefit of remission of tax under clause (c) of sub-section (1) of section 118 shall, subject to such conditions and restrictions as prescribed elsewhere in these rules, be discontinued even before the expiry of the available eligible period referred to in sub-rule (2). |