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MADHYA PRADESH VALUE ADDED TAX ACT, 2002
CHAPTER - IV : Levy of tax

Body 16A : Saving

(1) Notwithstanding the repeal of the Madhya Pradesh Vanijyik Kar Adhiniyam, 1994 (No. 5 of 1995) or the Madhya Pradesh General Sales Tax Act, 1958 (No. 2 of 1959) repealed by Act No. 5 of 1995 (hereinafter referred to as the repealed Acts), the State Government may, by notification, exempt -

    (i) (a) any class of dealers; or

    (b) any goods or class of goods in whole or in part,

    from the payment of tax under the repealed Act; or

    (ii) any dealer or class of dealers from any provision of the repealed Acts or the provision of any rules made thereunder,

for any period before the commencement of this Act and for that purpose it shall and shall always be deemed that the provisions of Section 17 of the Act repealed by this Act or Section 12 of the Act No. 2 of 1959 repealed by Act No. 5 of 1995 have revived for the purpose of such exemption.

(2) Notwithstanding anything contained in any other provisions of the repealed Acts,

(a) a registered dealer who is an industrial unit eligible for grant of facility of deferred payment of tax, under the scheme providing for grant of incentive to entrepreneur in respect of an industrial unit set up in the State as the State Government may make in this behalf, may make deferred payment of tax pertaining to such period before the commencement of this Act and subject to such restrictions and conditions, as may be specified in such scheme.

(b) the State Government may, by notification, amend any notification, relating to the facility of deferred payment of tax by the industrial units, issued under Section 37 read with Section 80 of the Act repealed by this Act or Section 22-D read with Section 51 of the Act No. 2 of 1959 repealed by Act No. 5 of 1995.

and for that purpose it shall and shall always be deemed that the provisions of Section 37 and Section 80 of the Act repealed by this Act or Section 22-D and Section 51 of the Act No. 2 of 1959 repealed by Act No. 5 of 1995 have revived for the purpose of such deferment or amendment.

(3) Notwithstanding anything to the contrary contained in this Act or the Acts repealed by this Act, the State Government may make a scheme to liquidate the liabilities including arrears of tax and interest/penalty, under the Madhya Pradesh General Sales Tax Act, 1958, the Madhya Pradesh Vanijyik Kar Adhiniyam, 1994, the Madhya Prdesh Vat Act, 2002, Central Sales Tax Act, 1956 and the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 administered by the Commercial Tax Department, against the sick or closed industrial units, in accordance with the provisions of the Industrial Promotion Policy of the State Government.

Explanation.- For the purpose of this sub-section, "the sick or closed industrial unit" means-

    (i) the large and medium scale industrial units referred by the Board of Industrial and Financial Reconstruction (BIFR) for being rehabilitated after acquisition/ takeover through change of management or by way of purchase from official liquidator of industrial unit under liquidation pursuant to recommendation for winding up by BIFR or the large/medium scale industrial units purchased under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (No. 54 of 2002) from a financial institution, a State Government Corporation, Madhya Pradesh State Industrial Development Corporation or Madhya Pradesh Financial Corporation;

    (ii) the large and medium scale industrial units situated in the State, whose cases are under consideration before the Board of Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 and the Board is preparing or has prepared rehabilitation scheme for their rehabilitation;

    (iii) the small scale industrial unit in respect of which "Madhya Pradesh Small Scale Industries Revival Scheme" under the Industrial Promotion Policy has been sanctioned.