In exercise of the powers conferred by the section 79-A of the Jammu & Kashmir Value Added Tax Act, 2005, the Government hereby direct that in notification SRO 91 Dated 16^th March, 2006 the following amendments shall be made :-

1. At the end of Para 2 the following proviso shall be added:-

"Provided that the aforesaid condition for claming tax remission shall not apply in respect of sales conducted by registered industrial units during 2005-06 where such industrial unit furnishes an attested affidavit that he has made price adjustment equivalent to the amount of tax chargeable on the finished goods sold and that the tax has been charged only after the requisite price adjustment."

2. Para 3 shall be substituted by the following :-

"That every registered industrial unit claming tax remission shall submit a tax remission claim form as per Annexure 1 to this Notification alongwith the quarterly return form duly accompanied by purchase and sale statements to the concerned Assessing Authority. However, the prescribed "tax remission claim form" alongwith purchase and sale statements in respect of Ist, 2^nd, 3^rd and 4^th quarters of 2005-06 shall be furnished alongwith the prescribed "declaration for tax remission claim" by 31^st of July 2006."

3. Para 4 shall be substituted by the following:

"That the tax remission to such industrial units is contingent upon the condition that the industrial units provide employment to the permanent residents of the State in terms of Govt. Order No. 265-IND of 2005 dated: 27-10-2005. Therefore, a declaration as per Annexure II to this Notification shall accompany every Tax remission claim form. The declaration shall be certified by the concerned General Manager of the District industries Centre or the competent authority of the Directorate of Handicrafts/Handlooms as the case may be. A tax remission claim from which is not accompanied by such declaration from and other relevant documents as prescribed by this Notification shall not be entertained and shall be summarily rejected by the Assessing Authority."

4. At the end of Para 8 the following proviso shall be added:-

"Provided that the industrial unit which is found to have proffered an incorrect tax claim shall be provided an opportunity of being heard by the Assessing Authority before his claim of remission for any tax period is denied and on being satisfied that the mistake is not deliberate and without any malafide intention shall process the case for tax remission."

5 In para 12 for the words "period of time" the words "tax period" shall be substituted.

6. In Schedule 'A' for entry No. 13 the following shall be substituted :-

"Cutting and stitching of doormat out of coir, jute and décor (Wall to wall)"

In entry No. 18 of Schedule 'A' the words "Fan/Coolers" shall be omitted."

By order of the Government of Jammu and Kashmir.

Annexure I

TAX REMISISON CLAIM FORM

1. Name & Address of the Industrial Unit .......................................................

2. Tax payer identification number (TIN) .......................................................

3. Circle & Division in which registered ..........................................................

4. Date of filing the quarterly return ................................................................

5. Tax period to which tax remission claim pertains .......................................

6. Quantum of taxable sales for the tax period ..............................................

7. Total amount of price adjustment for the tax period made in selling price ..............................

8. Total amount of tax collected for the tax period .........................................

9. Amount of tax remission claimed ..............................................................

10. Whether declaration form as per Annexure II enclosed ...........................

Annexure II

DECLARATION FOR TAX REMISSION CLAIM

I .................................................................................. Proprietor/Partner/Director of M/s .............................................................. located at ................................... having TIN ................................................... do hereby certify that the total number of employees working in my Industrial Unit is .......................................... . I certify that I have provided employment to ....................................... number of locals (constituting .........of the workforce) in my Industrial Unit as per list attached in terms of Govt. Order No.265-IND of 2005 dated 27-10-2005

CERTIFICATE

It is hereby certified that the Declaration made hereinabove by the Industrial Unit is true an correct.