Section 1 in The Rajasthan Sales Tax/Central Sales Tax Deferment Scheme for Industries, 1998
1. Operation of the Deferment Scheme.
(a)This Deferment Scheme shall come into force with effect from 1st April, 1998 and shall remain in force upto [30th April, 2000] [Substituted by Dated 11-4-2000, published in Rajasthan Gazette Extraordinary part IV-C, dated 13-4-2000, page 28.].(aa)[ An industrial unit shall be deemed covered under sub- clause (a) if it fulfils the following conditions as on [30th April, 2000] [Inserted by Dated 19-1-2000, published in Rajasthan Gazette Extraordinary part IV-C, dated 19-1-2000, page 423.], namely:-(i)that such unit is registered with the registering authority of the Industry Department;(ii)that the unit has been allotted or has acquired land for the factory;(iii)that the unit has applied for finances from a regular financial institution; and(iv)that the unit is expected to commerce commercial production by 31st December, 2001.](aaa)[ Notwithstanding anything contrary contained in this notification, an industrial unit shall be deemed covered under sub-clause (a), if such unit has been declared sick by the Competent Authority by 30.4.2000 or has been taken over by RIICO/RFC by 30.4.2000; and all provisions of the notification which are applicable to a sick industrial unit, shall also be applicable to such industrial unit.] [Inserted by Dated 12-4-2002, published in Rajasthan Gazette Extraordinary part IV-C, dated 12-4-2002, page 23(3).](b)An industrial unit which commences commercial production during the operative period of this Scheme, shall be entitled to claim benefits under this Scheme.(c)Notwithstanding anything contained in this Scheme an industrial unit of which the application under the Incentive Scheme, 1989 is pending on the date of commencement of this Scheme before any Screening Committee, may opt for this Scheme by making a fresh application in accordance with the provisions of this Scheme before the appropriate Screening Committee, not later than ninety days from the date of commencement of this Scheme.(d)An industrial unit may either opt for deferment of tax both under the RST Act and the CST Act, or exemption from tax under the said two Acts; and deferment of tax in one Act and exemption from tax in another Act shall not be permissible.(e)Where benefits have been sanctioned in accordance with the provisions of this Scheme for Industries, 1998, to any industrial unit, it may be allowed there-after to switch over once to "The Rajasthan Sales Tax/Central Sales Tax Exemption Scheme for Industries, 1998" with the condition that such unit shall have to deposit the total amount of deferred tax to its Assessing Authority before the issue of Eligibility Certificate to it under the Exemption Scheme.(f)No industrial unit shall be permitted to claim benefits under this Scheme, if it is availing benefits, under any other specific or general scheme of tax exemption or tax deferment.(g)(i)Notwithstanding anything contained in this Scheme, an industrial unit may, whose case relating to the Incentive/Deferment Scheme of 1987/1989 is pending on the date of commencement of this Scheme before any Statutory Authority or in any Court, within 90 days from the date of commencement of this Scheme and on payment of a fee of Rs. 5,000/-, make an application along with the details of the case to the State Level Screening Committee (SLSC). The SLSC shall examine such application in the light of the various definitions and concepts given in this Scheme and decide accordingly and may also issue general directions to DLSCs.(ii)In the light of any Court decision or decisions taken by SLSC under clause (g)(i), the SLSC may review similar cases decided by it in the past and issue general directions to DLSCs, if any common policy is involved in such decisions.(iii)The benefits sanctioned by the SLSC/DLSCs under this sub-clause shall be prospective.(iv)Further, the benefits, if sanctioned, shall be restricted to the extent of the benefits which would be available to such unit in the Incentive/Deferment Scheme of 1987/1989 as the case may be.(h)[ The benefit under this Scheme shall also be available to the units who have put their raw material in process on or after January 29, 1998, and issued sale invoice/bill, prior to 31.3.1998 and are covered by the list given in Annexure-A of the Scheme.] [Inserted by Notification No. F. 4(14)FD/Tax Div./98-20, dated 9-7-1998, published in Rajasthan Gazette Extraordinary part IV-C, dated 9-7-1998, page 167(83).]
