NOTIFICATION No.(GHN-09) VAT-2010-S,40(1)(16)-TH Dated 31st March, 2010.
WHEREAS the Government of Gujarat considers it necessary so to do in the public interest;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section-40 of the Gujarat Value Added Tax Act, 2003 (Guj.1 of 2005), the Government of Gujarat hereby authorizes the commissioner to grant refund to the developer or co-developer, of the amount of tax separately charged by a registered dealer from whom he has purchased the taxable goods, subject to the following conditions, namely:-
(1) The developer or co-developer shall be entitled for refund from 1st April, 2006 or from the date of registration whichever is later till 31st March, 2008.
(2) The developer or co-developer shall be granted refund of the tax paid on his purchases of the goods used to develop, build, design, organize, promote, operate or maintain or manage a part or whole of the infrastructure facilities and amenities of the Special Economic Zone in the State.
(3) The developer or co-developer shall make an application in Form 306 for refund of tax paid to the concerned Commercial Tax Officer. The Commissioner shall cause to grant refund after adjusting the tax, interest or penalty payable under the Act, within fifteen working days from the date of receipt of such application.
(4) The developer or co-developer shall not be entitled to claim tax credit on the purchases for which refund is claimed.
(5) The developer or co-developer shall furnish the details as directed by the Commissioner of the purchases of the goods for which refund is claimed.
(6) The refund shall not be claimed by developer or co-developer until be receives from a registered dealer from whom he has purchased taxable goods, a tax invoice (in original) containing particulars as may be prescribed under sub-section (1) of Section-60 evidencing the amount of tax.
(7) The refund shall not be allowed for the goods or capital goods so purchased by him which are -
(i) consigned or dispatched for branch transfer or to his agent outside the State,
(ii) used as raw materials in the manufacture or in the packing of goods so dispatched outside the State in the course of branch transfer or consignment or to his agent outside the State,
(iii) used as fuel for the manufacture of goods.
(iv) used as raw materials or capital goods in manufacture of goods specified in Schedule-I or the goods exempted from the whole of the tax by a notification under sub-section (2) of section 5 or the material used in the packing of goods so manufactured.
(v) used as fuel or capital goods in generation of electrical energy including captive power,
(vi) not connected with his business,
(vii) used as fuel in motor vehicles,
(viii) used as capital goods in transfer of property in goods (whether as goods or in some other form) involved in execution of works contract,
(ix) used for transferring the right to use for any purpose (whether or not for a specified period), for cash, deferred payment or other valuable consideration.
(8) Where a developer or co-developer without entering into a transaction of sale, issues to another registered dealer tax invoice, retail invoice, bill or cash memorandum with the intention that the Government may be defrauded of its revenue, the Commissioner may, after making such inquiry as he thinks fit and giving a reasonable opportunity of being heard, deny the benefit of refund, in respect of such transaction, to such developer or co-developer accepting such tax invoice, retail invoice, bill or cash memorandum either prospectively or retrospectively from such date as the Commissioner may, having regard to the circumstances of the case, fix.
(9) Where the capital goods are not used continuously for a full period of five years, in Special Economic Zone area in the State, or are used in area other than Special Economic Zone Area in the State, the dealer shall pay the amount of refund proportionately having regard to the period falling short of the period of five years of the use in area other than Special Economic Zone Area in the State immediately after such use.
(10) The amount of refund on any purchase of goods shall not exceed the amount of tax actually paid or payable under this Act in respect of the same goods.
(11) The refund shall be granted subject to provisions of the Act.
Explanation:- For the purpose of this notification ,-
(i) "developer" means a registered dealer being a period who has been granted a letter of approval by the Central Government under sub-section (10) of section-3 of the Special Economic Zone Act, 2005 and includes the Co-Developer and the existing Developer; or
(ii) "Co-developer" means a registered dealer being a person who has been granted a letter of approval by the Central Government under sub-section (12) of Section-3 of the Special Economic Zone Act, 2005 and includes the existing Co-Developer;
and the developer or as the case may be, co-developer who has obtained an eligibility certificate, in Form SEZ-1 appended hereto, from concerned Development Commissioner (Special Economic Zone) and who is certified in Form SEZ-2 by the Commissioner of Commercial Tax for the purpose of this notification.
(iii) "Special Economic Zone" means the Special Economic Zone situated in the State of Gujarat and declared by Government of India as Special Economic Zone.
FORM SEZ-1
Eligibility Certificate
(To be issued by the concerned Development Commissioner, Special Economic Zone)
This is to certify that M/s._____________________________________ is a developer / co-developer* of the designated area of _______________________ (here mention the name of the concerned Special Economic Zone) and the aforesaid period is eligible for tax separately charged by a registered dealer from whom he has purchased the taxable goods as per the Government Notification, Finance Department No.(GHN-09) VAT-2010 / (S.40)-(1)(6)-TH dated the 31st March, 2010.
This Certificate shall be effective from _______________
Name of Development Commissioner ________________________________
Seal of the office of the Development Commissioner
(*Strike down which is not applicable)
FORM SEZ-2
Certificate by the Commissioner of Commercial Tax
Certificate No. ____________
This is the certify that M/s.______________________________________ is a registered dealer holding Registration No. _____ dated _______________ being a developer /co-developer* of the designated area of ______________________ (here mention the name of the concerned Special Economic Zone) and the aforesaid person is eligible for refund of tax separately charged by a registered dealer from whom he has purchased the taxable goods, as per the Government Notification Finance Department No.(GHN-09) VAT-2010/(S.40)-(1)(6) - TH dated the 31st March, 2010.
Name of the authority issuing certificate : _________________________________
Designation of the countersigning authority : _________________________________
Seal of the office of the Commissioner
By Order and in the name of the Governor of Gujarat