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81.Conditions for permission to defer payment of amount of taxes due as per the return for a specified period being incentives to certain eligible industrial units.
(1) Notwithstanding anything contained in rule 41, the Commissioner may, subject to the conditions in sub-rule (2), --
(a) permit an Eligible Industrial Unit which is a dealer registered under the Act and which has been granted an Eligibility Certificate under the 1979 Scheme, the 1983 Scheme or, as the case may be, the Electronic Scheme, falling under the Package Scheme of Incentives, to defer the payment of sales tax payable on sales of finished goods manufactured by such Industrial Unit covered by the Certificate of Entitlement, beyond the period prescribed in rule 41;
(b) permit an Eligible Industrial Unit which is a dealer registered under the Act and which has been granted an Eligibility Certificate under the 1988 Scheme, 1993 Scheme falling under the Package Scheme of Incentives or the Power Generation Promotion Policy 1998 to defer the payment of sales tax payable on sales of goods manufactured by such Industrial Unit and of scrap goods and of by-products covered by the Certificate of Entitlement, upto the period by which the monetary ceiling gets exhausted or till the last day of the period mentioned in the Entitlement Certificate whichever event occurs first beyond the period prescribed in rule 41.
(2) The permission to defer the payment of taxes under sub-rule (1) shall be subject to the following conditions:--
(a) Such deferment shall be permitted only to those Eligible Industrial Units, which have filed the returns by the dates prescribed.
(b) The deferment in respect of clause (a) of sub-rule (1) shall be restricted to the period by which monetary ceiling gets exhausted or till the last day of the period covered by the Eligibility certificate or to such shorter period as may be determined by the Implementing Agency, whichever is earlier.
(c) The Commissioner may initially permit the Eligible Industrial Unit to defer the payment of such tax due in respect of the period specified in condition (b) till the assessment of the period covered by the return is completed and where such assessment is not made, the initial permission, shall subject to the other provisions of this rule, become final.
(d) The payment of such tax according to the return or, as the case may be, the assessment order for the return in respect of the period specified in condition (b) or as the case may be, such tax payable according to the order, if any, that may have been passed under section 23, 24, 25, 26 or 27 in respect of the said period shall be deferred for a period of twelve years in respect of industrial units covered by clause (a) of sub-rule (1) and for a period of ten years in respect of Industrial Units covered by clause (b) of sub rule (1) and that such period would be computed from the last date prescribed for furnishing the last return, for the year containing the period. After expiry of such period the amount payable according to the said order shall be payable by the Eligible Industrial Unit in six equal annual installments in respect of units covered by clause (a) of sub-rule (1) and five equal annual installments in respect of units covered by clause (b), of the said sub-rule (1):
Provided that, in respect of an industrial unit being a Mega Project or, as the case may be, a Very Large Project under the 1993 Package Scheme of Incentives located in Vidarbha and Marathwada region of the State such tax shall be deferred for a period of eighteen years from the last date for furnishing the last return of the year containing the period concerned. After expiry of such period, the amount payable shall be paid in seven equal annual installments:
Provided also that, in respect of an industrial unit being a Mega Project or, as the case may be, a Very Large Project under the 1993 Package Scheme of Incentives, located in areas other than Vidarbha and Marathwada region of the State, such tax shall be deferred for a period of fourteen years from the last date for furnishing the last return of the year containing the period concerned. After expiry of such period, the amount payable shall be paid in five equal annual installments.
(e) The Eligible Industrial Unit shall maintain separate books of accounts in respect of the transactions pertaining to the sales and purchases made by the said Industrial Unit.
(f) The Eligible Industrial Unit shall file returns covering all the sales and purchases relating to the said Unit for the period and by the dates prescribed by these rules, only with the concerned authority mentioned in the Certificate of Entitlement to be issued by the Commissioner in this behalf.
(g) The Eligible Industrial Unit shall not file consolidated return covering the sales and purchases pertaining to the deferment of tax by the said unit alongwith other transactions of sales and purchases not covered by the Eligibility Certificate granted to the said unit.
(The above rule 81, sub-rule (2) for clause (f) & (g) following clause (f) & (g) are substituted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(f) The Eligible Industrial Unit shall file returns covering all the sales and purchases relating to the said unit for the period and by the dates prescribed with each of the registering authorities having jurisdiction over each of the respective place of business of the dealer in respect of which he holds a Certificate of Entitlement under any Package Scheme of Incentives except the Power Generation Promotion Policy, 1998.
(g) The Eligible Industrial Unit shall file a return covering the sales and purchases pertaining to the deferment of tax by the said unit and shall file a separate return for other transactions of sale and purchase not pertaining to deferment of tax
(h) The tax which is deferred under the provisions of this rule shall be immediately recoverable at any time prior to the expiry of the period of deferment in any one or more of the following circumstances, namely:--
(i) if the relevant Implementing Agency requires the Eligible Unit to pay forthwith such amount as may be determined by the said Implementing Agency on the said Unit contravening any of the provisions of the Package Scheme of Incentives, or the conditions of the Eligibility Certificate or the stipulations or undertaking as per the agreement made in connection with the grant of incentives, under the said Package Scheme of Incentives or the Eligibility Certificate being cancelled or revoked by the Implementing Agency;
(ii) if the Eligible Industrial Unit contravenes any of the provisions of the Act or the rules made thereunder.
(iii) if the Certificate of Entitlement issued by the Commissioner is cancelled or revoked.
(iv) the Certificate of Entitlement issued by the Commissioner shall be liable to be cancelled or revoked in the following circumstances, namely:-
(a) the Eligibility Certificate issued by the Implementing Agency being cancelled or revoked;
(b) the Eligible Industrial Unit contravenes any of the provisions of the Act or the rules or the notifications made or issued thereunder;
(c) the Registration Certificate held by the Unit being cancelled.
Explanation.-- For the purposes of this rule “Eligible Industrial Unit” means an Industrial Unit to whom the Eligibility Certificate is issued by the Implementing agency under the relevant Package scheme of Incentives and to whom the Certificate of Entitlement is granted by the Commissioner with effect from such date as may be specified therein.
(3) The provisions contained in clauses (f) and (g) of sub-rule (2) shall mutatis mutandis apply to a unit entitled to avail sales tax incentives by way of exemption from payment of tax.
(The above sub-rule (3) is inserted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
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