Official Gazette, Govt. of Goa,
15th March, 2010
Series I No. 50 Extraordinary,
Notification No. 4/5/2005-Fin(R&C)(75),
Department of Finance Revenue and Control Division.
In exercise of the powers conferred by sub–section (2) of section 89 of the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) and all other powers enabling it in this behalf, the Government of Goa hereby amends the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme, 2005, as follows:—
1. Short title and commencement.— (1) This Scheme may be called the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment (Second Amendment) Scheme, 2010.
(2) It shall come into force at once.
2. Amendment of clause 2(A).— In the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme, 2005 (hereinafter called as the “principal Scheme”), in clause 2(A),— (i) after sub-clause (a), the following proviso shall be inserted, namely:—
“Provided that the Government, by special order, published in the Official Gazette, may fix or authorize an additional period of benefit of such exemption to such class or classes of industrial units, as may be specified therein, for the purpose of this clause.”; (ii) in sub-clause (b), after item (ii), the following item shall be inserted, namely:—
“(iii) Notwithstanding anything contained in item (i) and (ii) above, the polluting industries to whom the benefit of tax exemption in terms of entry 68 or entry 85 of the Second Schedule appended to the earlier law has been extended by the Government order under third proviso to the said entries, and those units which are specified in item (ii) of sub-clause (e) shall not qualify for additional period of benefit of exemption.”; (iii) (a) in sub-clause (e), for items (i), the following shall be substituted, namely:—
“(i) in respect of an eligible unit, other than those specified in Schedule hereto, means the balance unexpired period computed on 31-3-2005 and the additional period so authorized in terms of Government order issued under proviso to sub-clause (a),”(b) after item (ii), the following item shall be inserted, namely:— “(iii) in respect of any small scale industrial unit which graduates into medium scale industrial unit on or before 31-03-2011, means the period of one year from the date of first sale upon such graduation, in addition to the balance unexpired period of the benefit of NPV certified to such unit before it’s graduation.”.
3. Amendment of clause 3.— In the principal Scheme, for clause 3, the following clause shall be substituted, namely:—
“3. Scope of Scheme.— (i) This Scheme is in lieu of exemption available and availed on the appointed day under the said entry and/or the Government order, as the case may be, under the earlier law and includes the additional period of benefit of such exemption authorized by the Government by special order in that behalf either to the existing unit or such small scale industrial units which graduates into medium scale industrial units within the time specified in sub–clause (e) of clause 2(A) of this Scheme.
(ii) In respect of Government notification issued under sub-section (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), the eligible unit shall exercise fresh option either to continue with the exemption subject to conditions specified in the said notification including production of Form ‘C’, or to opt for the benefit under this Scheme. The unit opting for tax exemption, effecting sales either to unregistered dealer or to any registered dealer without having supported sales with prescribed declarations, in the course of inter-State trade and commerce shall not be eligible for the benefit of this Scheme in respect of taxable sales effected by it and such sales shall be liable to pay full tax as per the normal transaction. The eligible unit shall exercise such option within 60 days from the date of coming into force of the Goa Value Added Tax Deferment–cum-Net Present Value Compulsory Payment (Second Amendment) Scheme, 2010 and the option so availed shall be final and irrevocable.
(iii) Any small scale industrial unit which is/was enjoying benefit of the principal Scheme and graduates into medium scale industrial unit on or before 31-03-2011 shall be eligible for the benefit of NPV for further period of one year upon such graduation.
(iv) In respect of additional period of benefit of exemption being allowed to any unit in pursuance of the Government order issued under proviso to sub-clause (a) of clause 2(A) of this Scheme, wherein the unit fails to exercise option within the time prescribed in sub-clause (ii) above, such
unit shall not enjoy any tax exemption under Government notification issued under sub-section (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) during such additional entitlement and it shall be compulsory for such unit to be within this Scheme”.
4. Amendment of clause 4.— In clause 4 of the principal Scheme, after the existing provisions, the following shall be inserted, namely:—
“Notwithstanding anything contained in the foregoing paragraph of this clause, the unit which is entitled for additional period of benefit of exemption and/or the small scale industrial units which graduate into medium scale industrial unit after the coming into force of the Goa Value Added Tax Deferment-cum-Net-Present Value Compulsory Payment (Second Amendment) Scheme, 2010, shall file an application in Form-IV, in duplicate, before the Commissioner within 60 days from the date of coming into force of the Goa Value Added Tax Deferment-cum-Net-Present Value Compulsory Payment (Second Amendment) Scheme, 2010. The application shall be complete in all respects and also be accompanied with a declaration stating whether such unit would like to continue with tax exemption under the Government notification issued under sub-section (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) for the balance unexpired period. Where a unit opts for tax exemption, the Central Sales Tax collected on inter-State sales to un-registered dealers including sales not supported with the prescribed declaration, shall not qualify for the benefit under this scheme. The application shall be acknowledged by the Commissioner in Form-V, certifying therein the eligibility of additional period of benefit under the Scheme and also specifying the actual period for its a ailment.”.
5. Amendment of clause 8.— In clause 8 of the principal Scheme, after the existing provisions, the following shall be inserted, namely:—
“The eligible unit which would be entitled for additional period of benefit under this Scheme, as authorized by the Government by special order in this regard, shall make a declaration to the
Commissioner of Commercial Taxes in Form-IV specified hereto, enclosing therewith all the relevant documents, within the time specified in clause 4 of this Scheme. The Commissioner of Commercial Taxes, upon receipt of such declaration and after examining the records, shall issue to the applicant an Acknowledgment-cum-Order in Form-V, certifying therein the fresh entitlement, or rejecting the declaration. However, no such application shall be rejected, without giving to the declarant an opportunity of being heard.”.
6. Insertion of new Form IV and Form V.— In the principal Scheme, after Form III, the Forms “FORM – IV & “FORM – V shall be inserted.