THE RAJASTHAN VALUE ADDED TAX ACT, 2003 Notifications - HISTORY
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NOTIFICATION No.F.12(63)FD/TAX/2005-171 (S.O.471.) Dated 31st, March 2006

In exercise of the powers conferred by sub-section (3) of section 20 of the Rajasthan Value Added Tax Act, 2003 (Rajasthan Act No. 4 of 2003) and by section 9 of the Central Sales Tax Act, 1956, the State Government hereby notifies that the industrial units mentioned in clause (1) shall be allowed to defer the payment of tax payable by them to the extent, in the manner and for the period as specified hereunder:

(1) An industrial unit availing the benefit of exemption from tax under Sales Tax Incentive Scheme for Industries, 1987 (RST & CST) or Sales Tax New Incentive Scheme for Industries, 1989 (RST & CST) or the Rajasthan Sales Tax / the Central Sales Tax Exemption Scheme for Industries, 1998 or any specific notification issued with reference to these schemes by the Government from time to time (hereinafter referred to as Old Schemes), shall be eligible to avail the proportionate benefit under this notification. In such cases the cumulative benefit of exemption of tax already availed of and the benefit of deferment to be allowed under this notification shall not exceed the quantum of exemption sanctioned under the Old Scheme(s).

(2) The unit may opt for the deferment benefits under this notification by submitting an application to the Assessing Authority in Form-A appended to this notification.

(3) The Assessing Authority, after verification of the facts mentioned in the application and on being satisfied, shall issue Certificate of Eligibility in Form-B appended to this notification.

(4) An industrial unit shall be allowed to defer the payment of tax on sales made within the State or in the course of inter-State trade or commerce, of the goods for which the Eligibility Certificate was issued under the Old Schemes.

(5) The remaining eligible period under the Old Schemes as on the date of submission of the application completed in all respects, shall be extended equal to the remaining eligible period subject to a maximum period of five years.

(6) The percentage of deferment of tax in the extended period shall be equal to the extent of the percentage of deferment of tax in the year immediately preceding such extension.

(7) The unit shall pay the deferred tax of a quarter within a period of fifteen days of the end of the corresponding quarter after seven years without interest.

(8) In case any such payment of deferred tax is not made in time, the total outstanding deferred amount as on the date of such default shall be recoverable immediately as arrears of land revenue along with interest from the first day of default of such payment. In such cases the deferment benefit under this notification may be withdrawn with the prior approval of Commissioner.

(9) The industrial unit availing the benefit under this notification shall be eligible to issue Value Added Tax Invoice and to claim Input Tax Credit subject to the provisions of section 18.

(10) The deferred tax for each tax period shall be adjusted against the balance amount of Eligible Fixed Capital Investment.

(11) Where Input Tax Credit exceeds Output Tax for a tax period, it shall be carried forward to the next tax period(s).

(12) The tax deferred under this notification shall be deemed to be a loan.

(13) The units covered under the old schemes would be entitled to benefit of this notification only when it opts for deferment of tax both under the Rajasthan Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956.

(14) All other terms and conditions of the Old Schemes not inconsistent with the provisions of the Rajasthan Value Added Tax Act, 2003 or rules made thereunder and not covered under this notification, shall be applicable mutatis - mutandis to the unit availing deferment benefit under this notification.

(15) The Certificate of Eligibility is liable to be amended/revoked cancelled, if obtained on misrepresentation or concealment of facts or by fraud or on breach of any of the terms and conditions, mentioned in the relevant notification.

(16) This notification shall come into force on 1st day of April, 2006.

Form-A

Application for issue of Certificate of Eligibility for Deferment of tax

(Under The Rajasthan Value Added Tax Act, 2003 and / or The Central Sales Tax Act,

1956)

.............. (Assessing Authority)

........................

1	Name of the applicant
2	Name and style under which the applicant carries on business
3	Status of the applicant (Proprietor/Partner/ Director/ Business Manager/Other)
4	Principal place of business
5	Branches, if Any
6	Registration No. (TIN)
7	Name of the Goods manufactured
8	Name of the Old Scheme / Notification
9	Basis of eligibility :New Industrial Unit/Expansion/Diversification /Sick Industrial Unit/ SpecificNotification (Copy enclosed)
10	Eligible Fixed Capital Investment(EFCI)
	a. Sanctioned amount:
	b. Amount availed up to the date of application :
	c. Balance amount as on date of Application:
11	Extent of the Percentage of exemption from total tax liability (Such as 100% in Ist Year, 90% in IInd Year or 75% .. etc.)
12	Period of Eligibility
	As shown in Eligibility Certificate	Years ...... Date From ..........To......
	Exhausted up to the date of Application	Years ...... Date From ..........To........
	Balance as on date of application	Years ...... Date From ..........To........
13	Eligible Period as per this notification (Balance period doubled subject to maximum increase of 5 years)	Years ...... Date From ..........To........

Declaration

1. I/We have been allowed benefit of exemption from tax under the scheme ...................................... Notification No. ............ Dated ............ issued by the Government of Rajasthan and an Eligibility Certificate No. .................... Dated .................. (self attested copy enclosed) has been issued to me / us.

2. I/We declare that this Eligibility Certificate/ eligibility has not been cancelled/ withdrawn/ suspended/ revoked and is valid on date of submission of the application. 3. I/We hereby opt for the deferment benefits under notification No. .............. dated............

4. I/We have not been penalized for the offence of avoidance or evasion of tax or no case of avoidance or evasion of tax is pending against me/ us as on date.

5. I/We hereby undertake that I/We shall abide by the provisions of the Rajasthan Value Added Tax Act, 2003/ Central Sales Tax Act, 1956 and the general/ specific terms and conditions contained in the relevant notification(s) issued from time to time in this behalf.

	Signature of the Applicant(s)
	Status

Verification

I/We verify that to the best of my / our knowledge and belief the information given above is true and correct and nothing has been concealed.

Place:	Signature of the Applicant(s)
Date:	Status

Enclosures

1. Self Attested copy of Eligibility Certificate

2. Copy of Notification No................ dated..............

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Acknowledgement

It is hereby acknowledged that M/s.................................... has submitted application for issue of certificate of eligibility for deferment of tax under notification No. ............ dated.............. on ................ (date).

A. The application is complete in all respects as required by the notification/

B. The following information / documents have not been furnished-

2. ............................

	Signature of the receiving Official
Place:	Name :
Date:	Designation :
Countersigned by the Assessing Authority with Seal
Name :

Form- B

CERTIFICATE OF ELIGIBILITY

Deferment under the Rajasthan Value Added Tax Act, 2003 and / or

the Central Sales Tax Act, 1956

S. No.	Description	Particulars
1	Book No.
2	Serial No.
3	Name of the applicant with status
4	Name and style of the business with full address
5	Registration No. (TIN)
6	Principal place of business with full address including details of branches, if any
7	Basis for eligibility
	(a) New Industrial Unit
	(b) Expansion
	(c) Diversification
	(d) Sick Industrial Unit
	(e) Specific Notification	No. Date:
8	Extent of eligibility
	(a) Percentage of deferment of tax liability	........% of tax liability
	(b) Quantum of deferment of sales tax in terms of EFCI	.............% of EFCI
	(c) Balance eligible amount	Rs. in figures_______________ Rs. in words________________
9	Period
	(a) Exemption under Old Scheme	Valid from_______ to ________
	(b) Period exhausted up to the date of submission of application	................
	(c) Remaining period available under the Old Scheme	................
	(d) Period of Extension	Year.. from______ to ______
10	Validity period of this Certificate as per clause 6 of the notification.	from________ to __________

Note: This certificate is liable to amendment / revocation, if obtained by misrepresentation or concealment of facts or by fraud or on breach of any of the terms and conditions, mentioned in the relevant notifications.

	Signature
Place:	Name :
Date:	Designation :