Section 11(4) in Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017
(4)A unit which has not been issued the Eligibility Certificate and the Certificate of Entitlement, shall not be eligible to apply for tax reimbursement under tills Scheme till issuance of Such Certificates:Provided that an eligible unit, which has nor been granted Eligibility Certificate and the Certificate of Entitlement within a period of 12 (twelve) months of making application for issuance of such Certificate, may thereafter make an application to the Commissioner of State tax for allowing it to claim reimbursement of State tax (SGST) provisionally subject to payment of SGST and furnishing of return, if such unit Furnishes a bank guarantee equivalent to the amount of tax reimbursement claimed, For the period during which its application for Eligibility Certificate has remained pending for disposal. Such bank guarantee must remain valid till the issuance of Eligibility Certificate and Certificate of Entitlement. If for any reason, the Eligibility Certificate is not granted to the unit on rejection of the application for Eligibility Certificate, the amount of tax reimbursed shall be recovered as if it is a tax payable under this Act along with a simple interest @18% per annum thereon from the date of reimbursement till the date of payment. Otherwise, on gram of the Eligibility Certificate and Certificate of Entitlement, the provisional reimbursement shall be deemed to have become final and the concerned Assistant Commissioner of State tax or the Superintendent of State tax shall release the Bank guarantee furbished by the eligible unit at the time of grant of provisional reimbursement, after following the procedure laid down for tax reimbursement in para 12.
