49. Lumpsum scheme in respect of village industries.-

(1) Any registered dealer running a village industrial unit and registered as such with the Department of Industries, Himachal Pradesh, shall, under section 7 or sub-section (2) of section 16 and subject to the provisions of rule 45 of this chapter, at his option, pay the lumpsum, at the rates given in the following table, namely: -

(2) The application to pay the lumpsum shall be made on the following form: -

Form of application

To

The Assessing Authority,

__________District ___________.

Subject: Option to pay the lumpsum by way of composition under sub-section (2) of section 16 of the Himachal Pradesh Value Added Tax Act, 2005.

Sir,

I ----------------------------(name), aged ------- (Years), son of Shri -------------------------- resident of ------------ (Address), town: -----------------, District: -------------, * proprietor/ partner/ karta/ manager/ director/ authorised signatory of business of manufacturing and selling ------ goods exclusively in the name and style of M/s --------------------------------------------------, situated at --------------- (Place), District: --------------- holding TIN/GRN -----------do hereby opt to pay lumpsum by way of composition in lieu of the tax payable under sub-section (2) of section 16 of the Himachal Pradesh Value Added Tax Act, 2005 and the rules framed thereunder.

2. I am doing the business in the following goods: -

3. I am running a village industrial units as defined in rule 49 of the Himachal Pradesh Value Added Tax Rules, 2005 for manufacture and sale of goods specified in para (2) ibid.

Place _________________

Signature of applicant

Date _________________

ACKNOWLEDGEMENT

Received option from M/s ------------------------------------

(mention complete name and address with TIN/GRN,, if any.)

Designation:

(3) The dealer running a village industry shall file an quarterly return in Form VAT-XV-G.

(4) The dealer whose taxable turnover during a year exceeds fifty lakh rupees shall pay the tax under the Act,--

(a) at the rates specified in sub-rule (1) of this rule on the taxable turnover upto fifty lakh rupees; and

(b) at the normal rates of tax notified under section 6 on that part of taxable turnover which exceeds fifty lakh rupees.

Such dealer shall also inform the Appropriate Assessing Authority about the date on which his taxable turnover exceeded fifty lakh rupees during the year, and the Assessing Authority shall with effect from the 1^st day of April next modify the certificate of registration of such dealer into a certificate of a VAT dealer, and thereupon such dealer shall cease to be eligible for making payment of lumpsum under this Chapter.

Explanation.— For the purpose of this sub-rule,-

(i) "Village Industry" means any industry notified by the State Government and located in "rural area" in tiny sector which produces any goods or renders any services with or without the use of power and in which the total fixed capital investment in land, building, plant and machinery per head of an artisan or a worker does not exceed Rs.50,000/-, but shall not include an industry which is specified by the State Government in the Schedule; and

(ii) "Rural Area" means an area, as defined in clause (46) of section 2 of the Himachal Pradesh Panchyati Raj Act, 1994.