Section 5 in The Gujarat Value Added Tax Act, 2003
5. Exemptions.
- [(1) The Sales and purchases of the goods specified in Schedule I shall be exempted from tax subject to the conditions and exceptions set out therein against each of them in column 3 of that Schedule.] [Sub-section (1) were substituted for sub-section (1) by Gujarat Act No.6 of 2006 Section 5(1)](1A)[ The State Government may, by notification in the Official gazette, add to, or enlarge, any entry in Schedule I, or relax or omit any conditions or exceptions specified therein, and thereupon the said Schedule shall be deemed to be amended accordingly.] [Sub-section (1A) and (2) were substituted for sub-section (1) by Gujarat Act No.6 of 2006 Section 5(1)](2)[(a) Subject to such conditions, as it may impose, the State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette,exempt any specified class of sales or purchases or sales or purchases of goods by any specified dealer or specified class of dealers from payment of the whole or any part of the tax payable under the provisions of this Act.] [These words substituted for the words 'under sub-section (2)' by Gujarat Act No.6 of 2006, Section 5(2)](b)[ Where the State Government considers it necessary so to do in the public interest to continue tax exemption granted to the sales or purchases of goods by industrial units under sub-section (2) of section 49 of the Gujarat Sales Tax Act, 1969, it may, by notification in the Official Gazette, continue such exemption with such modification, subject to such conditions and for such period, as may be prescribed] [Refer rule 18A to 18D and P.C.No. Ja 4/4; dated 7-4-06](3)Every notification issued [under sub-section (1A) and sub-section (2)] [These words substituted for the words 'under sub-section (2)' by Gujarat Act No.6 of 2006, section 5(2)] shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make, during the session in which it is so laid or session immediately following. Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall there upon take effect.
