Section 42(4) in Uttar Pradesh Value Added Tax Act, 2008
(4)The industrial unit availing or granted benefit of exemption from, or reduction in the rate of, tax on the turnover of sales before the date of commencement of this Act or an industrial unit which is granted the facility of exemption from, or reduction in the rate of, tax on or after such commencement, on the turnover of sales under the erstwhile Act or the Central Sales Tax Act, 1956, shall be entitled for exemption by way of refund of net tax paid along with the return of tax period in prescribed manner and on fulfilling the conditions that,-(a)the unit shall hold valid registration certificate issued under this Act or under the Central Sales Tax Act, 1956,(b)the unit shall have a valid Certificate of Entitlement issued by the Commissioner,(c)the amount of refund shall not be more than an amount equal to net tax paid for relevant tax period,(d)the net tax payable has been deposited along with return of tax period in prescribed manner,(e)the refund shall be subject to the provisions of section 40 except that the amount shall not be adjusted against the admitted tax liability,(f)the facility of refund shall cease on the day when the amount or the period mentioned in the Certificate of Entitlement, whichever is earlier,(g)the tax payable on the turnover of sales of goods mentioned in the Certificate of Entitlement and which is manufactured in the industrial unit shall be deducted from the total amount mentioned or described in the Certificate of Entitlement,(h)the industrial unit has not misused the facility of exemption from or reduction in the rate of tax in any manner.Explanation. - The expression 'net amount of tax payable' means -(i)the differential amount of tax payable under this Act on the sale of taxable goods other than non-vat goods, manufactured in the unit and input tax credit available to the extent or proportionate to taxable goods other than non-vat goods sold, in case of an industrial unit availing facility of exemption from tax under the erstwhile Act and the Central Sales Tax Act, 1956(ii)the partial amount of net tax computed under clause (i) above, in proportion to the rate of tax available for exemption to the rate of tax payable under the erstwhile Act, in case of an industrial unit availing benefit of reduction in the rate of tax
