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Maharashtra VAT Rules

Proportionate Incentives To An Eligible Unit In Certain Contingencies.

Where a separate Eligibility Certificate and Certificate of Entitlement is granted to any eligible Industrial Unit whether before or after the appointed day on account of increase in production capacity or, as the case may be acquisition of new Fixed Capital Assets, then such industrial unit will be eligible to draw benefits in any year starting on or after the appointed day in respect of the turnover of sales pertaining to that year only on a portion of such turnover as shown below

  1. Eligible Turnover = Turnover X Increase in production Capacity / Total production capacity after increase

    OR

  2. Eligible Turnover = Turnover X Eligible investment approved for acquisition of new fixed Capital assets / Value of Gross block of fixed capital Assets prior to liability + Eligible investment approved for acquisition of new Fixed Capital assets

    Provided that, where the eligible industrial Unit has maintained separate account of sales and purchase and it is possible to identify the purchases and sales pertaining to the increased production capacity or, as the case may be, the said eligible investment, then the portion of the eligible turnover will be decided solely on the basis of such identification with the help of accounts and not on the basis of the above formula.

    The eligible Industrial Unit may opt for determination of eligible turnover as per clause (a) or clause (b) of sub-rule (1) and communicate such decision to the Commissioner. The decision so made and communicated shall be final for the unaffected validity period of the said eligible certificate till the date of commencement of commercial production of a new Project, if any, certified by the implementing agency in a separate eligibility certificate issued again for additional eligible investment.

    For the purposes of sub-rule (1), --

    Production capacity, eligible investment, new fixed capital assets and Gross Block of Fixed Capital Assets shall have the same meaning as provided in the relevant Package Scheme of Incentives.

    The eligible investment shall mean the projected investment certified in the eligibility certificate during the period of investment allowed in the Scheme and thereafter the actual eligible investment made and certified by the implementing agency.

    When the eligible turnover comprises of different finished products then, for the purposes of clause (a) the production capacity pertaining to each of the finished products shall be separately considered for determining the corresponding eligible turnover, and

    for the purpose of clause (b) eligible turnover shall relate to those products in respect of which the eligible investment has made an impact and when eligible investment does not directly relate to finished products or any particular finished product, then it shall be deemed to relate to all the finished goods.

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Certified Copies Of Documents And Orders.
Any person who is a party to a proceeding under the Act or under these rules or under any notification may apply to the appropriate authority or the authority having the custody of the records pertaining thereto, for a certified copy of a document produced or filed by him in such proceeding or of an order passed by such authority.

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