DEMO|

The West Bengal Sales Tax Rules, 1995
Chapter V : Claims for exemption from the tax payable under section 17 and determination of the taxable turnover of sales

54. Exemption from tax on certain sales to Export Oriented Units (EOUs)

Where a dealer makes sale of goods, other than those specified in Part B of Schedule IV, to a registered dealer, who owns an Export Oriented Unit (EOU) having the same meaning as in the Export and Import Policy for 1992-97 or in the Export and Import Policy for 1997-2002 as formulated under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), situated anywhere in West Bengal outside the Special Economic Zone, for use by such registered dealer directly in the manufacture of goods in such unit for sale in the course of export within the meaning of sub-section (1) of section 5 of the Central Sales Tax Act, 1956 (74 of 1956) or of containers and other materials for the packing of goods so purchased or manufactured, the dealer making such sale may, for the purpose of determining his taxable turnover of sales, deduct from his gross turnover of sales under sub-clause (xi) of clause (a) of sub-section (3) of section 17 that part of such gross turnover of sales which represents such sales to such unit :

Provided that the claim for deduction of such sale under this rule shall be allowed if the dealer claiming such deduction furnishes, on demand, before the appropriate assessing authority after obtaining from the registered dealer to whom such sale is made -

    (a) a declaration in Form 12 duly filled in and signed by such registered dealer,
    (b) a certificate from such registered dealer in Form 10 duly filled in and signed by him, and
    (c) a xerox copy of the Registration-cum-Membership Certificate issued in favour of such registered dealer by the respective Export Promotion Council under the Policy referred to in the Explanation.
    Explanation.- While determining the amount of sale in the course of export of the goods manufactured in the Export Oriented Unit, sale of such manufactured goods in the Domestic Tariff Area (DTA) within the meaning of para 102 of Chapter IX of Export and Import Policy for the period from 1992 to 1997 or for the period from 1997-2002 upto twenty-five per centum thereof in terms of sale price shall not be taken as unauthorised use of goods so purchased against declaration in Form 12 for the purpose of imposition of penalty under section 77.