The West Bengal Sales Tax Rules, 1995
Chapter XI - Part III : Deferment of payment of tax in respect of sales of goods manufactured in the expanded portion of an existing industrial unit

123. Deferment of payment of tax for an amount equivalent to the capital investment subsidy

(1) Subject to the provisions of rule 124 and the rules laid down in Part VI, a registered dealer who opts to enjoy the additional benefit of deferment of payment of tax equivalent to the capital investment subsidy in accordance with the provision of sub-section (5) of section 40, shall be eligible to get such benefit in respect of the expanded portion of his existing industrial unit in the small scale sector located in an area, specified in column (1) of the Table appended to this sub-rule on account of sales of such class or classes of goods manufactured in such industrial unit as specified in column (2) of the said Table or the goods purchased for use directly in the manufacture of such class or classes of goods, and the payment of tax may be deferred -

(a) in respect of further period specified in column (3) of the said Table, in addition to the period specified in column (3) of the Table appended to sub-rule (2) of rule 115,

(b) for a further period specified in column (4) of the Table appended to this sub-rule, in addition to the period specified in column (5) of the Table appended to sub-rule (2) of rule 115, and

(c) for an amount equivalent to the capital investment subsidy, in addition to the amount of tax deferred in accordance with the provisions of clause (b) of sub-rule (2) of rule 115.

TABLE

Area of location of the expanded portion of the existing Industrial unit	Class or classes of goods manufactured	Further eligible period in respect of which payment of tax may be deferred	Further period for which payment of tax may be deferred
(1)	(2)	(3)	(4)
1. Group A.- Areas under the Calcutta Municipal Corporation	Nil	Nil	Nil ;
2. Group B.- Howrah, Hooghly, North 24-Parganas and South 24-Parganas districts excluding the areas under the Calcutta Municipal Corporation, and Burdwan, Nadia and Midnapore distrcits	Nil	Nil	Nil ;
3. Group C.–Murshidabad, Purulia, Bankura, Malda, Birbhum, Cooch Behar, Uttar Dinajpur, Dakshin Dinajpur, and Darjeeling districts	Any goods manufactured by Small Scale Industrial Units only	4 years	4 years

Provided that the amount of tax that a dealer is eligible for deferment of tax under this sub-rule in respect of the extended eligible period specified in column (3) of the above Table shall not exceed the amount of capital investment subsidy receivable by such dealer under any scheme approved by the State Government.

(2) The further eligible period, as specified in column (3) of the Table appended to sub-rule (1) for which a dealer is eligible for deferment of payment of tax, shall commence immediately on the expiry of the eligible period as applicable to him under rule 117.

Explanation.- When the total amount of tax deferred by a dealer under rule 115 exceeds the amount specified in clause (b) of sub-rule (2) of that rule on any day before the expiry of the period mentioned in clause (a) of that sub-rule, the eligible period for the dealer shall expire on that earlier day, and the further eligible period shall commence on the date immediately following the aforesaid day.