GOVERNMENT
OF KERALA
Taxes
(B) Department
NOTIFICATION
G.O (P) NO.49/05/TD Dated, Thiruvananthapuram,
31.03 2005
S.R.O.
No. 321/2005. - In exercise of the powers conferred
by sub-section (1) of section 32 of the Kerala Value
Added Tax Act, 2003 (30 of 2004), the Government of
Kerala hereby order deferment of tax payable by any
industrial unit to whom exemption in respect of the
tax payable under the Kerala General Sales Tax Act,
1963 ( 15 of 1963) or the Kerala Surcharge on Taxes
Act, 1957 ( 11 of 1957) had been granted or is due
to be granted, under the industrial policy of the
State, in accordance with the notification issued
in G O (P) 155/93/TD dated 3rd November,
1993 and published as SRO 1729/93 in the Kerala Gazette
extraordinary No. 1112 dated 4th November
1993, as modified by notification issued in G O (P)
181/99/TD dated 31st December, 1999 and
published as SRO 1092/99 in the Kerala Gazette Extraordinary
No.2433 dated 31st December, 1999 and
notification issued in G O (P) 57/2000/TD dated 31st
March, 2000 and published as SRO 295/2000 in the Kerala
Gazette extraordinary No.618 dated 31st
March, 2000, subject to the conditions and restrictions
given below:-
(1)
The Small Scale Industrial Units and Medium &
Large Scale industrial units to whom exemption in
respect of the tax payable under the Kerala General
Sales Tax Act, 1963 (15 of 1963) or the Kerala Surcharge
on Taxes Act, 1957 (Act 11 of 1957) had been granted
or is due to be granted in accordance with the said
notifications shall, at their option and subject to
the conditions specified herein be eligible for deferment
of tax collected under the provisions of the Kerala
Value Added Tax Act, 2003 ( 30 of 2004)
(2)
The units which are eligible for the deferment referred
to in clause (1) shall be permitted to collect tax
in accordance with the provisions of the Kerala Value
Added Tax Act, 2003 ( 30 of 2004)
(3)The
deferment shall be for the unavailed portion of exemption
in terms of quantum or period, as the case may be,
out of that already sanctioned or to be sanctioned
by the competent authority, in accordance with the
notifications mentioned above.
(4).
Industrial Units which had already opted for deferment
under para 6 of notification SRO 1729/93 shall be
allowed to continue under the said provision till
the expiry of the period mentioned therein. But units,
which had not originally opted for deferment under
the said provision, shall not be permitted to file
fresh option for conversion of such exemption under
para 6 of SRO 1729/93 into deferment. However, they
shall be permitted to opt for deferment under this
notification.
(5)
The unit shall furnish security bond in Form 6 prescribed
under the Kerala Value Added Tax Rules 2005, with
solvent sureties acceptable to the assessing authority,
for the unavailed amount of exemption as on the date
of coming into force of this notification..
(6)
The accumulated amount of such tax so deferred shall
be treated as loan and shall be remitted
to government in sixty equal monthly installments
starting from the month following the month in which
the unit ceases to be eligible for such deferment,
with simple interest at the rate of 12% per annum.
There shall be no interest on the accumulated tax
so deferred during the eligible period of deferment.
If any installment or installments are defaulted,
penal interest at the rate of one percent per month
or part thereof shall be charged for the amount so
defaulted.
(7)
The Small Scale Industrial units claiming such deferment
shall file an application in Annexure I, before the
Deputy Commissioner concerned through the assessing
authority and the Deputy Commissioner after verifying
such details shall issue the order of deferment of
tax in Annexure II. In the case of Medium and Large
Scale Industries the orders of deferment shall be
issued by the Deputy Commissioner (General), Commercial
taxes, Thiruvananthapuram, on application by such
units.
(8)
Disputes regarding the orders of deferment shall be
heard and disposed of by the Commissioner.
ANNEXURE-I
APPLICATION
FOR DEFERMENT OF TAX PAYABLE BY INDUSTRIAL UNITS
[Under
Section 32(1) of the Kerala Value Added Tax Act, 2003]
I/We hereby apply for deferment of tax under Section
32(1) of
the
Kerala Value Added Tax Act, 2003. The particulars
in respect of the unit are furnished hereunder.
| 1 |
Name
and Address of the industrial unit |
|
| 2 |
TIN/
Registration No. under KGST Act. |
|
| 3 |
Status |
SSI
Unit/Medium/Large Scale unit |
| 4 |
Products
manufactured |
|
| 5 |
No.
and date of order of exemption issued under
SRO 1729/93. |
|
| 6 |
Authority
who issued the order |
|
| 7 |
Period
of eligibility |
|
| 8 |
Maximum
eligible amount of sales tax exemption sanctioned. |
|
| 9 |
Total
sales tax exemption availed as on the date preceding
the date of commencement of the KVAT Act,2003. |
|
| 10 |
Balance
amount of sales tax exemption available as on
the date of commencement of the KVAT Act,2003. |
|
| 11 |
Balance
period of eligibility as on the date of commencement
of the KVAT Act,2003. |
From
to |
| 12 |
Details
of security bond furnished |
|
I/We
do hereby declare that the particulars furnished above
are true and correct to the best of my/our knowledge
information and belief.
Place
Name and signature of authorized signatory
Date
(Seal)
Verification
certificate by assessing authority
Certified
that I have verified the particulars furnished above
with reference to the assessment records of the unit
and are found to be correct. The assessment status
and the balance eligible sales tax exemption remaining
at the credit of the unit and the balance period of
eligible exemption are given below.
| 1 |
Assessment
completed up to the year |
|
| 2 |
Total
sales tax exemption sanctioned |
|
| 3 |
Balance
amount of sales tax exemption carried forward
as per the latest assessment order.(specify
the year) |
|
| 4 |
Exemption
claimed and allowed subsequently as per returns
filed (year wise details to be furnish) for
the years in which assessments are pending. |
|
| 5 |
Balance
amount of sales tax exemption remaining at the
credit of the unit on the date of commencement
of the KVAT Act, 2003. |
|
| 6 |
Balance
period of eligibility |
|
| 7 |
Details
of security bond furnished |
|
| 8 |
Remarks |
|
.
Place
Date.
Name and signature of the Assessing Authority
For
Office Use
ANNEXURE
II
Proceedings
of the Deputy Commissioner /Deputy Commissioner (General)
Present
Sub:-
Kerala Value Added Tax Act, 2003 – Deferment of tax
under section 32 – M/s---- sanctioned – Orders – issued
Read:-
(i)Application dated of M/s
(ii) G O (P) 49/2005/TD dated31.03.2005
(SRO 321/2005)
ORDER
NO.
M/S…….holding
TIN/ registration number ….under KGST Act, 1963.having
been found eligible for deferment of tax under the
notification read above is granted deferment of tax
payable under the provisions of the Kerala Value Added
Tax Act, 2003 subject to the conditions stipulated
in the said notification for a total amount of
Rs. ( Rupees..)
Or
for the period from to
Deputy
Commissioner
Deputy
Commissioner(General)
To
M/s
Copy
to;
This
notification shall come into force on the date of
coming into force of the Kerala Value Added Tax Act,
2003 (30 of 2004),
By
order of Governor,
P MARA PANDIYAN,
Secretary
to Government.
Explanatory
Note
(This
does not form part of the notification, but is intended
to indicate its general purport)
Government
have decided to grant deferment of tax payable under
the provisions of the Kerala Value Added Tax Act,2003
to those industrial units who have been granted or
due to be granted sales tax exemption as per the provisions
contained in SRO 1729/93.
This
notification is intended to achieve the above object.
