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| 79.Refund of tax to eligible units M. VAT RULES | |
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79.Refund of tax to eligible units
(1) Every unit holding an Entitlement Certificate for the purposes of any of the Package Schemes of Incentives except the New Package Scheme of Incentives for Tourism Projects – 1999 shall be entitled to claim refund of the tax including entry tax of an amount equal to the set-off to which it would have been entitled under the Act or rules on the purchases of raw materials made on or after the appointed day if it was not holding Certificate of Entitlement in respect of each period for which it is required to file a return.
(In the above rule 79, sub-rule (1) after the words, “Package Scheme of Incentive”, the words and figures “except the New Package Scheme of Incentives for Tourism Projects – 1999” are inserted w.e.f. 01.04.2005 by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(2) For the purposes of this rule, the unit shall make an application within one month of the end of the period to which the return relates giving such details and particulars as may be specified therein to the Commissioner in respect of each period for which it is required to file a return under rule 17 on or after the date prescribed for filing of such return.
(In above rule 79, for sub-rule (2) following sub-rule (2) is substituted w.e.f. 01.04.2005 by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(2) If the unit is holding an Entitlement Certificate for exemption from payment of tax under the 1979, 1983, 1988 or 1993 Package Scheme of Incentive or, as the case may be under the Power Generation Promotion Policy 1998, then, it shall also be entitled to claim refund of tax equal in amount to four percent of purchase price,--
( In sub-rule (2), in rule 79 for the words “Certificate for exemption from “ the words “Certificate for exemption or, as the case may be, for deferral of” are substituted and shall be deemed to have been substituted from 1st April 2005, and for the words “four percent” the words & figures “four percent for the period up to 31st March 2007 and thereafter three percent” are substituted and shall be deemed to have been substituted from 1st April 2007, and the new sub-rule (2) is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(2) If the unit is holding an Entitlement Certificate for exemption or, as the case may be, for deferral of payment of tax under the 1979, 1983, 1988 or 1993 Package Scheme of Incentive or, as the case may be under the Power Generation Promotion Policy 1998, then, it shall also be entitled to claim refund of tax equal in amount to four percent for the period up to 31st March 2007 and thereafter three percent of purchase price,--
(i) of any taxable goods purchased by it and used as fuel.
(ii) of any taxable goods [other than those used by it as fuel] used in the manufacture of tax free goods , and
(iii)of any taxable goods other than the purchases to which clause (i) or (ii) applies and used in the manufacture of taxable goods when such manufactured goods are dispatched by the said unit outside the State, not by way of sale to its own place of business or to its agent.
Provided that, if the goods purchased are covered by any entry in schedule B, then the refund of tax shall be calculated at the rate of one percent of the purchase price of goods .
(3) The Commissioner shall cause such refund to be issued within three month of the end of the period to which the return relates of the date of receipt of the application if the application is in order and all the required details are furnished and no dues are outstanding against such unit. The grant of any refund under this rule shall be subject to assessment, if any, made in respect the period for which the refund is granted under this rule.
(The above sub-rule (3) is deleted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(3) Notwithstanding any thing contained in sub-rule (2), no refund under the said sub-rule shall be allowed unless,-
(i) the Unit holding the Certificate for exemption from payment of tax debits the amount of said refund to the Cummulative quantum of benefits or,
(ii) the Unit holdingthe said Certificate for deferral of payment of tax admits the liability of the amount of the said refund for deferment of payment of taxes.
i and files the returns or, as the case may be, revised returns for the period to which such refund relates by admitting such claims therein.
ii
(The above sub-rule (3) is inserted as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(4) No set-off under any rule shall be granted to a unit holding the Entitlement Certificate except the unit holding Entitlement Certificate under the New Package Scheme of Incentives for Tourism Projects – 1999 in respect of any purchases of raw materials made on or after the appointed day.
( In above sub-rule (4), after the words, "Entitlement Certificate", the words and figures "except the unit holding Entitlement Certificate under the New Package Scheme of Incentives for Tourism Projects - 1999" are inserted w.e.f. 01.04.2005 by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
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