THE WEST BENGAL VALUE ADDED TAX RULES, 2005
CHAPTER XV : Incentives to industrial units - deferent of payment of tax by new or expanded industrial units, conditions and restrictions for deferment and certificate of eligibility therefor, remission of tax payable by new or expanded units, conditions and restrictions for remission and certificate of eligibility therefor, exemptions of sales by newly set up small-scale industrial units, conditions and restrictions for exemption and certificate of eligibility therefor.

Body 187. Maintenance of accounts, vouchers, documents, etc. by the dealer for the purpose of deferment of payment of tax or remission of tax.-

(1) Any registered dealer who claims deferment of payment of tax under clause (a) of sub-section (1) of section 118 or remission of tax under clause (c) of sub-section (1) of section 118 shall maintain such vouchers or documents as may be required to prove the amount of value of fixed capital assets referred to in clause (d) of the Explanation to rule 165.

(2) Subject to the provisions of section 63 and the rules made thereunder, any registered dealer who claims deferment of payment of tax under clause (a) of sub-section (1) of section 118 or remission of tax under clause (c) of sub-section (1) of section 118 shall, in addition to the vouchers or documents referred to in sub-rule (1), maintain-

(a) separate accounts in respect of sales of goods manufactured in his newly set up industrial unit or in the expanded portion of his existing industrial unit,

(b) separate specially numbered tax invoices, invoices, cash memos or bills and delivery notes or challans in respect of sales of goods manufactured in his newly set up industrial unit or in the expanded portion of his existing industrial unit,

(c) tax invoices, invoices, cash memos or bills and delivery notes or challans in respect of purchases of goods including plant and machinery for use directly in the manufacture of goods in his newly set up industrial unit or in the expanded portion of his existing industrial unit,

(d) Separate registers, for stock of goods purchased for use directly in the manufacture of goods and for stock of goods manufactured in his newly set up industrial unit or in the expanded portion of his existing industrial unit.

(2A) Notwithstanding anything contained in sub-rule (2), where a registered dealer who claims deferment of payment of tax under clause (a) of sub-section (1) of section 118 or remission of payment of tax under clause (c) of sub-section (1) of section 118 is unable to segregate the sales emanating from the exising industrial unit and the expanded portion of such unit, separately, when the expansion of such unit is by increasing the approved capacity or by way of production of new commodities, the tax on turnover of sales for the purpose of benefit under the said section shall be calculated by deducting the estimated tax on turnover of sales calculated on the basis of approved capacity of the existing unit from the tax on turnover of sales of both the expanded unit and the existing unit, irrespective of the actual production in the existing industrial unit.

(3) The Senior Joint Commissioner or the Joint commissioner or the Deputy commissioner, as the case may be, may require a registered dealer who claims deferment of payment of tax or remission of tax under section 118 to produce accounts, vouchers, tax invoices, bills, cash memos, registers and documents referred to in sub-rule (1) or sub-rule (2) and to explain to him such accounts, vouchers, tax invoices, bills, cash memos, registers and documents in connection with disposal of his application for a certificate of eligibility or renewal thereof or for ascertaining whether the restrictions and conditions provided in section 116 and the rules made thereunder in respect of a newly set up industrial unit or an expanded portion of an existing industrial unit are satisfied.