In exercise of the powers conferred by sub-section (3) of section 8 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government being of the opinion that it is expedient in the public interest so to do, hereby exempts from payment of tax the sale made by any registered dealer to whom a contract has been awarded, whether or not an Engineering Procurement and Commissioning turnkey contract, by M/s. Rajasthan Rajya Vidyut Utpadan Nigam Limited, Jaipur (hereinafter referred to as 'RRVUNL'), by separate contract(s) for supply of equipments and erection, testing and commissioning, related to project for generation of power, on or after 01.04.2012, on the following conditions, namely:-

1. That such dealer shall furnish an application in the Form-EC-1 appended to this notification through RRVUNL, to his assessing authority that he shall pay an amount of fee equal to 1% of the total value of contract(s) awarded by RRVUNL, in lieu of tax payable by him, within thirty days from the date of award of contract.

2. That such dealer shall authorize RRVUNL to deduct the amount equal to 1% of the total value of contract(s) awarded to him by RRVUNL, from every bill of payment made to him and to deposit it into the State exchequer on behalf of him.

3. That on the application received from the dealer, the RRVUNL shall submit undertaking to deduct the amount as mentioned above, and to deposit the amount so deducted within fifteen days of the close of the month of such deduction into the State exchequer through a challan in Form VAT-37, and in case RRVUNL fails to deduct or deposit the amount, the said amount shall be paid by RRVUNL along with interest at the rate as notified under section 55 of the Rajasthan Value Added Tax Act, 2003 and submit it to his assessing authority in the manner provided in Form EC-1.

4. That RRVUNL shall submit the details of amount deducted and deposited in the Form A appended to this notification, within thirty days of the end of quarter along with proof of deposit of amount.

Explanation: Quarter means the period of three months ending on 30th June, 30th September, 31st December and 31st March.

5. That the Assessing authority of RRVUNL after receipt of application shall issue a certificate in Form EC-2 appended to this notification to the assessing authority of the applicant registered dealer mentioning therein that the sales as mentioned in the application are exempt from tax under this notification along with the copy of application of such dealer, and a copy of the said certificate shall also be forwarded to such dealer.

6. That the said dealer and the RRVUNL shall not be entitled to claim input tax credit in respect of goods involved in supply of equipments and erection, testing and commissioning, for which a certificate has been issued under clause 5 above.

7. That the tax collected or charged, if any, by such dealer or RRVUNL before the issuance of this notification shall be deposited to the State Government and tax so deposited shall not be refunded or adjusted.

S. That the dealer and RRVUNL shall comply with the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made, notifications, circulars and explanations issued thereunder.

Form-EC-1

Application to opt for deduction and payment of an amount of fee equal to 1% of the total value of contract(s) in lieu of tax

PART-A (To be filled by the dealer)

To,

The Assistant Commissioner / Commercial Taxes Officer,

Circle..................

1. Name of applicant:

2. Address:

3. Registration No.(TIN):

4. Particulars of Contract(s):

I................... S/o Shri ........................ aged about ........years working as.................. in M/s .............................. (name and address of the dealer), hereby opt to pay an amount of fee equal to 1 % of the total value of contract(s) in lieu of tax payable by me/ us, and hereby authorizes RRVUNL to deduct the amount of fee equal to 1% of the total value of contract(s) from every bill of payment made to them by RRVUNL as per notification No. F.12(40)FD/Tax/2012-55 dated 23.08.2012.

Verification

I verify that the above information is true and correct to the best of my knowledge and belief and I am authorized to submit this application.

Part-B (To be filled in by RRVUNL)

To,

The Assistant Commissioner / Commercial Taxes Officer,

Circle..................

Contract(s) has been made between M/s ............... (name of the dealer) and RRVUNL (awarder), and the said M/s ............... (name of the dealer) has furnished this application to opt to pay an amount of fee equal to 1% of the total value of contract(s) in lieu of tax payable by him, in terms of notification No.F.12(40)FD/Tax/2012-55 dated 23.08.2012. The following undertaking is being given by me on behalf of RRVUNL.

Undertaking

I,.................. S/o Shri ........................ aged about........ years working as.................. in Rajasthan Rajya Vidyut Utpadan Nigam Limited, Jaipur, is authorized to give this undertaking. I hereby undertake that I shall deduct an amount of fee equal to 1% of the total value of contract(s), from every bill of payment made by RRVUNL and shall deposit the amount so deducted into the Government exchequer within fifteen days of the close of the month of deduction of amount.

I further undertake that in case 1 fail to deduct or deposit the said amount, it shall be paid by RRVUNL along with interest at the rate as notified under section 55 of the Act.

Acknowledgement

Received from RRVUNL duly completed application on behalf of M/s ................in Form EC-1.

Form EC-2

To,

The Assistant Commissioner / Commercial Taxes Officer,

(Assessing Authority of dealer)

Circle..................

It is certified that M/s .............................. (name and address of the dealer), has submitted an application through RRVUNL and have opted to pay an amount of fee equal to 1% of the total value of contract(s) in lieu of tax payable by him (details given below), and have authorized RRVUNL to deduct the amount of fee equal to 1% of the total value of contract(s) from every bill of payment made to him by RRVUNL as per notification No.F.12(40)FD/Tax/2012-55 dated 23.08.2012.

The RRVUNL has given undertaking to deduct and deposit the said amount from every bill of payment made by them, as such no tax is payable by M/s ...........on the following contract(s).

Details of contract(s)

Copy to M/s.................................for information.

Form A

(to be submitted by RRVUNL)

Particulars of amount deducted and deposited under notification No. F.12(40)FD/Tax/2012-55 dated 23.08.2012.

To,

The Assistant Commissioner / Commercial Taxes Officer,

Circle...........

It is certified that during the period from ............to ............ the following amount has been deducted and deposited by RRVUNL. The copy of challans as a proof of deposit is enclosed herewith.

Details of tax deducted and deposited

Verification

I / We verify that the above information and its enclosures are true and correct to the best of my / our knowledge and belief.

By order of the Governor,

(Dr. Ravikumar S.)

Dy. Secretary to Government