Notifications on Industrial Concessions

S .R.O No.  1730/93: - In exercise of the powers conferred by sub-section (5) of section 8 of the Central Sales Tax Act 1956 (Central Act 74 of 1956) and in super session of the notifications mentioned in the Schedule the Government of Kerala being satisfied that it is necessary in the public interest so to do, here by direct that the tax payable under the said Act.

1  (i) by new industrial units under small scale industries, having their place of business in the state of Kerala, in respect of the sale of goods manufactured by such units within the state ,in the course of inter state trade or commerce ,shall be nil, for a period of seven years from the date of commencement of commercial production subject to the conditions and restrictions set out  in notification G.O.(P) No 155/16/93/TD dated 3rd November 1993 and published as SRO No 1729/1730/93 in the Kerala Gazette extraordinary No 1122 dated the 4th November 1993 in so far as they relate to such units.  1[However, the conditions and restrictions set out on sub clause (i) to (vii) of clause 10 of the said notification shall not be applicable to small scale industrial units set up in “TECHNOPARK”]

(ii) by existing industrial units under small scale industries having their place of business in the State of Kerala which effect Diversification Expansion or Modernization on or after the 1st April 1993 in respect of the sale of goods, the production of which is attribute to such diversification ,expansion ,modernization, in the course of Inter State trade or commerce shall be nil for a period if three years from the date of completion, as certified by the General Manager, District Industries Centre of such diversification/expansion/modernization subject to the conditions and restriction set put on GO (P) No 155/156/93/TD dated the 3rd November 1933 and published as SRO No 1729/1730/93 in the Kerala Gazette Extraordinary No 1122 dated the 4th November 1993 in so far as they relate to such units

 

(iii) by New Industrial Units under medium and Large Scale Industries other than Public Sector undertakings, having their place of business in the State of Kerala in respect of the sale of goods manufactured by them with in the State, in the course of inter State trade or commerce shall be calculated at the rate of two per cent for a period of seven years from the date of commencement of commercial production by such Units.

(iv) by Existing Industrial Units under Medium and Large Scale Industries other than Public Sector undertaking, having their place of business in the State of Kerala which undertakes expansion ,modernization or diversification on or after the first day of April, 1993, in respect of the sale of goods the production if which attribute to such expansion, modernization or diversification within the State ,in the course if inter State trade or commerce shall be calculated at the rate of two per cent for a period of seven years from the date on which such expansion, modernization or diversification has been completed.

(v) by sick Small Scale Industrial Units on the turnover of sale of goods manufactured by such units with in the State and sold in the course of inter State trade or commerce shall be nil for a period of five years in the case of closed down sick units from the date of commencement of sale of such goods by the units after revival and in the case of running sick units from the date of disbursal of at least 25 percent of rehabilitation assistance or from the date from which the unit is declared as a sick unit whichever is earlier.]

(vi) by New Industrial Units under medium and large scale industries set up in TECHNOPARK in respect of the sale of goods manufactured by such Units within the State, in the course of inter-state trade or commerce shall be nil, for a period of seven years, from the date of commencement of commercial production by such Units

(vii) In the case of new industrial units in the information Technology Sector, whether under SSI sector or under the medium and large scale sector, which are engaged in the manufacture of Hardware for information Technology, the aggregate exemption shall be limited to 150% of the fixed capital investment.  The condition of this notification other than that relating to quantum shall apply to such unit in the same manner as they apply to other industrial units

2.  The conditions and restrictions set out in GO (P) No 155/156/93/TD dated 3rd November 1993 and published as SRO No 1729/1730/93 in the Kerala Gazette Extraordinary No 1122 dated 4th November 1993 in respect of the tax payable under the Kerala General Sales Tax Act, 1963 in relation to New Small Scale Industrial Units and existing Small Scale Industrial Units which effect expansion, modernization or diversification referred to therein shall apply to the New Small Scale Industrial Units and existing Small Scale Industrial Units which effect expansion modernization or diversification mentioned in this notification.

3.The expressions ‘New Industrial Unit’, ‘Expansion’, ‘Modernization’, ‘Diversification’ and ‘Manufacture’ shall have the same meaning as given in GO (P) No 155/156/93/TD dated 3rd November 1993 and published as SRO No 1729/93 in the Kerala Gazette Extraordinary No. 1122/1123 dated 4th November.

SCHEDULE

Sl. No

GO.No. & Date

S .R.O No

Kerala Gazette Extraordinary No

Date

1

GO (P) NO 66/90/TD dated. 31-3-1990

497/90

349

31-3-1990

2

GO (P) NO 71/90/TD dated. 31-3-1990

502/90

351

31-3-1990

3

GO (P) NO 69/92/TD dated. 31-3-1992

366/02

407

31-3-1992

4

GO (P) NO 100/92/TD dated. 4-5-1992

520/92

542

05-5-1992

This notification shall come into force on the 1st day of January 1994

Explanatory Note

(This does not form part of the notification but is intended to indicate its general purport) Government have by notification SRO No 497/90 published in Kerala Gazetted Extraordinary No. 349 dated 31-3-1990 (GO (P) No. 66/90/TD dated 31-3-1990), SRO NO 502/90 published in the Kerala Gazette Extraordinary No 351 dated 31-3-1990 (G O (P) No 71/90/TD dated 31-3-1990), SRO No 366/92 published in the Kerala Gazette Extraordinary No 407 dated 31-3- 1992 (GO (P) No 69/92/TD dated 31-3-1992) and SRO No 502/92 published in the Kerala Gazette Extraordinary No.542 dated 5-5-1992 (GO(P) 100/92/TD dated 4-5-1992) notified Central Sales Tax concessions to the Industrial Sector. Government have decided to issue one consolidated notification incorporating all these concessions replacing all he above separate notification.  The above notification is intended to achieve this object.  (Notification  No. GO (P) No 156/93/TD dated 3-11-93)


1.  Added by SRO No 994/95 w e f 8-8-1995
2.  Clause (v) added by SRO 752/94 dated 3-6-94
3.  Added by S R O No 994/95 w e f 8-8-1995
4.  Sub-clause (vii) added by S.R .O No 303/99 w. e. f 1-4-1999


S.R.O No. 752/94:-  In exercise of the powers conferred by subsection (5) of section 8 of the Central Tax Act, 1956 (Central Act 74 of 1956) the Government of Kerala having satisfied that it is necessary so do in the public interest ,hereby make the following amendment to their notification  GO (P) No. 156/93/TD dated 3rd November,1993 and published as S.R.O No 1030/93 in the Kerala gazette extraordinary No 1123 dated 4th November 1993 namely:-

AMENDMENT

In the said notification, after paragraph No 1 (iv) the following shall be added, namely:-

“(v) by sick small scale industrial units on the turnover of sale of goods manufactured by such units within the state and sole in the course of inter-state trade or commerce shall be nil for a period of five years in the case of closed down sick units from the date of commencement of sale of such goods by the units after revival and in the case of running sick units from the date of disbursal at least 25 per cent of rehabilitation assistance or from the date from which the unit is declared as a sock unit whichever is earlier.

Explanatory Note

(This does not form part of the notification but is intended to indicate its general purport)  As per notification G.O.(P) No. 155/93/TD dated the 3rd November,1993 published as S.R.O 1729/93 in the Kerala gazette extraordinary No 1122 dated the 4th November,1993 Government have granted exemption under the Kerala general Sales Tax Act, on the
turnover of the sale of goods produced and sold by sick small scale industrial units placed under the rehabilitation scheme. Government how consider that exemption under the Central Sales Tax Act should also be granted to these units by incorporating suitable provisions in their notification GO(P)156/93/TD dated 3rd November, 1993 published as S.R.O No in the Kerala gazette extraordinary No. 1123 dated the 4th November, 1993 by which various Central Sales Tax concessions were allowed to the Industrial Sector.  The above notification is intended to achieve this object [Notn. GO (P) No 69/94/TDdated 3-6-1994 in KM G E X No 519 dated 3-6-1994.]

S.R.O No. 994/95:-  In exercise of the powers conferred by subsection (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74  of 1956) the Government of Kerala, having considered it necessary in the public interest so to do, hereby direct that exemption from payment of tax under the said act shall be give for a period of seven years from the date of commencement of commercial production to industrial units set up in electronics technology parks-kerala (TECHNOPARK) and make the following amendments to  notification  GO (P) No. 156/93/TD dated 3rd November 1993, and published as SRO No 1730/93 in the Kerala gazette extraordinary No 1123 dated 4th November 1993 namely:-

AMENDMENT

            In the said notification in sub clause (i) of clause 1 the following shall be added at the end, namely:

            “However the conditions and restrictions set out in sub clause (i) to (vii) of clause 10 of the said notification shall not be applicable to small scale industrial units set up in TECHNOPARK”.

            (2) after sub clause (iv) of clause 1, of the following clause shall be added, namely:-

            “(v) by new industrial units under medium and large scale industries set up in TECHNOPARK in respect of the sale of goods manufactured by such units within the state, in the course of inter state trade or commerce shall be nil, for a period of seven years, from the date of commencement of commercial production by such units”.

This notification shall come into force immediately