(6)disposal of,-(i)such goods, or(ii)goods specified in Schedule II, manufactured or processed or mined out of such goods otherwise than by way of sale within the State of Madhya Pradesh or in the course of inter-State trade or commerce or in the course of export out of the territory of India,he shall claim or be allowed in such manner and within such period as may be prescribed, input tax rebate of the amount of such input tax-(i)in case of goods referred to in sub-clauses (1), (2), [(3), (4) and (5)] [Substituted by M.P. Act No. 22 of 2006.]; and(ii)in case of goods referred to in sub-clauses [(5-a, (5-b)] [Substituted by M.P. Act No. 22 of 2006.] and (6), which is in excess of 4 percent of the purchase price, net of input tax, of such goods;(b)Where a dealer makes an application for grant of a registration certificate under clause (a) or clause (b) of sub-section (2) of Section 17 on or after the commencement of the Act, he shall, in respect of goods specified in Schedule II other than those specified in Part III of the said Schedule, purchased, on or after such commencement, by him within the State of Madhya Pradesh from another such dealer after payment to him input tax and held in stock by him on the date of validity of the registration certificate issued to him under clause (a) or clause (b) of sub-section (2) of Section 17, claim or be allowed input tax rebate of the amount of such tax in accordance with the provisions of clause (a) above.(c)[ Where a registered dealer who has opted for composition under Section 11 for a year, does not opt for composition in subsequent year, he shall claim or be allowed input tax rebate in respect of the goods held in stock on the date of commencement of the subsequent year in accordance with the provisions of clause (a) above. [Inserted by M.P. Act No. 22 of 2006.](d)Notwithstanding anything contained in clause (a), where the goods purchased within the State of Madhya Pradesh by canteen stores department, registered under the Act, from a registered dealer after payment to him input tax, are sold as canteen stores by the canteen stores department to serving military personnel and ex-servicemen directly or through regimental or unit run canteens, the canteen stores department shall claim or be allowed in such manner and within such period as may be perscribed, input tax rebate of the amount of such input tax, which is in excess of 4 per cent of the purchase price, net of input tax, of such goods.](e)[ Notwithstanding anything contained in clause (a), where a dealer, who is a builder and developer carrying on the business of constructing residential and/or commercial buildings, makes an application for grant of a registration certificate under clause (a) of sub-section (2) of Section 17 after the prescribed period but before 31st March, 2008, he shall, in respect of goods specified in Schedule II other than those specified in Part III of the said Schedule, purchased, on or after date of liability, by him within the State of Madhya Pradesh from a registered dealer after payment to him input tax claim or be allowed input tax rebate of the amount of such tax in accordance with the provisions of clause (a) above.] [Inserted by M.P. Act No. 9 of 2009.][(1-A) Subject to such restrictions and conditions as may be prescribed, where a registered dealer purchases natural gas as specified in Part III of Schedule II within the State of Madhya Pradesh from another such dealer after payment to him input tax and consumes the natural gas so purchased in generation of electrical energy, he shall claim or be allowed in such manner and within such period as may be prescribed, input tax rebate of the amount of such input tax which is in excess of 5 per cent of the purchase price, net of input tax, of such natural gas.] [Inserted by M.P. Act No. 9 of 2009.][(1-B) Subject to such restrictions and conditions as may be prescribed, where a registered dealer sells the goods as may be notified by the State Government, and the dealer consumes the goods purchased by him within the State of Madhya Pradesh from another such dealer after payment to him input tax, in the manufacture of such notified goods, he shall claim or be allowed in such manner and within such period as may be prescribed, input tax rebate of the amount of such tax. The provisions of clause (a) of sub-section (1) shall mutatis mutandis apply to the input tax rebate claimed or allowed under this sub-section.] [Inserted by M.P. Act No. 20 of 2010.]
