Section 17 in Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017
17. Termination of Eligibility Certificate as well as the Certificate of Entitlement for violation of or noncompliance with any of the conditions laid down in the Scheme.
(1)In the matter of termination of Eligibility Certificate and Certificate of Entitlement for violation of any condition of the eligibility or for furnishing of false information or obtaining of such Certificates by fraud or misrepresentation or suppression of facts etc. the provision laid down in para 10 of the Assam Industries (Tax Exemption) Scheme, 2015, notwithstanding the repeal of such scheme; shall apply mutatis mutandis.(2)If a unit to which a Certificate of Entitlement has been granted under the Reimbursement Scheme doses down or reaches the monetary ceiling of exemption, the unit shall report in writing within 14 days front the date of such eventuality to the jurisdictional Assistant Commissioner of State tax Superintendent of State tax and the authority which had issued the eligibility Certificate to it. Simultaneously alongwith this report, it shall also surrender the original Eligibility Certificate to the Authority which had issued the same and it shall also surrender the Certificate of Entitlement to the concerned Assistant Commissioner of State tax /Superintendent of State tax. For any lapse or violation on the part of the unit, it shall be liable for all penal actions under the provisions of the Assam Goods and Services Tax Act, 2017 and other laws in force.(3)Any unit which is found on investigation to Over state its production or supply or make any mis-declaration to claim reimbursement shall be made ineligible for the residual period and be liable to recovery of excess reimbursement paid. Activity relating to concealment of input tax credit, purchase of inputs from unregistered suppliers (unless specifically exempt from GST registration) or routing of third party production or other activities aimed at enhancing the amount of reimbursement by mis-declaration would be treated as fraudulent activity and, without prejudice to any other action under law may invite denial of benefit under the Reimbursement Scheme ab-initio.
