Jammu and Kashmir Reimbursement of Central Taxes for promotion of Industries in the State of Jammu and Kashmir

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.... States of Jammu and Kashmir, Uttarakhand, Himachal Pradesh and North East including Sikkim" dated: the 5th of October, 2017 announced by Government of India is in operation. OBJECTIVE The State Government in recognition of the hardships arising due to withdrawal of remission from payment of Value Added Tax has decided that it would provide budgetary support to the eligible units by way of reimbursement of 42%of the Central Tax paid through debit in the cash ledger account maintained by the unit under Goods and Services Tax Act. 2.   DEFINITIONS 2.1   Eligible Manufacturing unit' means a unit which avails the benefit of 58% reimbursement under Central Scheme namely Budgetary Support under Goods and Services Tax regime to the Industrial Units located in States of Jammu and Kashmir, Uttarakhand, Himachal Pradesh and North East including Sikkim dated: the 5th of October, 2017. 2.2   'Specified goods' means the goods manufactured by the Industrial Units as have been allowed by the department of Industries / Handloom/Handicrafts/Jammu and Kashmir Khadi and Village Industries Board/ Small Scale Industries Development Corporation Limited ( SI....

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....f any. Activity relating to concealment of input tax credit, purchase of inputs from unregistered suppliers (unless specifically exempt from GST registration) or routing of third party production or other activities aimed at enhancing the amount of reimbursement by mis-declaration would be treated as fraudulent activity and, without prejudice to any other action under law may invite denial of benefit under the scheme ab-initio. The units will have to declare total procurement of inputs from unregistered suppliers and from suppliers working under Composition Scheme under Jammu and Kashmir Goods and Services Tax Act, 2017. The grant of reimbursement under the scheme shall be subject to compliance of provisions relating to any other law in force.  3.4 The manufacturer applying for benefit under this scheme for the first time shall have to file the following documents: a)   application for registration on prescribed format to be notified by Commissioner Commercial Taxes. b)   the copy of the remission order latest issued by the jurisdictional Assessing Authority where such industrial unit was registered with the department of Commercial Taxes Jammu and Kash....

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....ting sets and parts thereof 31 Any goods 19 Any chapter Goods other than those mentioned above in S.Nos.1 to 18       Explanation: For calculation of the value addition the procedure specified in notification issued by Department of Industrial Policy and Promotion Ministry of Commerce and Industry dated 05.10.2017 shall apply mutatis-mutandis. 3.7   In cases where an entity is carrying out its operations in the State from multiple business premises, in addition to manufacture of specified goods by the eligible unit, under the same GST Identification Number (GSTIN) as that of the eligible unit, the eligible unit shall submit application for reimbursement of budgetary support alongwith additional information on the claim form as prescribed in annexure D or any other format as may be notified by Commissioner. duly certified by a Chartered Accountant, relating to receipt of inputs, input tax credit involved on the inputs or capital goods received by the eligible unit and quantity of specified goods manufactured by the eligible unit vis-a-vis the inputs, input tax credit availed by the registrant under the given GSTIN. 3.8   Under CST, one b....

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....rsement for the Tax paid in cash, other than the amount of Tax paid by utilization of Input Tax credit under the Central Goods and Services Tax Rules 2017, to the Assistant Commissioner [State Tax Officer, as the case may be, by the 15th day of the succeeding month after end of quarter after payment of tax relating to the quarter to which the claim relates. 5.2   The Assistant Commissioner/State Tax Officer of State Taxes, as the case may be, after such examination of the application as may be necessary, shall sanction reimbursement amount and forward the same in the prescribed format to the respective Additional Commissioners within one week after the receipt of application. 5.3   The concerned Additional Commissioners shall forward consolidated information of the concerned division to the nodal officer to be designated by Commissioner Commercial Taxes for reimbursement of GST to the eligible industrial units by the end of the month in which application is received and a copy of the same shall be forwarded to Commissioner Commercial Taxes for consolidation and submission to Government. 5.4   The concerned nodal officer shall credit the GST amount i....

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....ffidavit -cum- indemnity bond submitted by the applicant at the time of submission of the application, in addition to other modes of recovery. 6.6   Where any amount of reimbursement lor interest remains due from the unit, based on the report sent by the Assistant Commissioner/ State Tax Officer of State Tax as the case may be, the authorized officer as designated by the Commissioner shall, after the lapse of 60 days from the date of issue of the said demand note take required legal action and send a certificate specifying the amount due from the unit to the concerned Deputy Commissioner Recovery of the concerned Division to recover that amount, as if it were arrears of land revenue under J&K Land Revenue Act. 7.   SAVING CLAUSE Upon cessation of the Scheme, the unpaid claims shall be settled in accordance with the provisions of the Scheme while the recovery and dispute resolution mechanisms shall continue to be in force.. By order of the Government of Jammu and Kashmir. Sd/- (Navin K. Choudhary), IAS Principal Secretary to Government Finance Department ============= Document 1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. ....

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....plying specified goods on payment of State GST / Central GST/ Integrated GST and the claim will not include any other activity being carried out under the same GSTIN. I/We further affirm and declare, as stated above, goods other than specified goods manufactured by the eligible unit will not be taken into account while filing the application under the scheme. The input tax credit on the goods availed by the eligible manufacturing unit or the supplying unit under the same GSTIN will be taken into account while calculating the input tax credit of the eligible manufacturing unit. No amount of budgetary support which is not due as per the conditions of the scheme notified by Finance Department, Government of Jammu & Kashmir shall be claimed by the eligible unit and where any mis-declaration is detected, the amount paid by the Government shall be paid back by me/us with interest as prescribed in the scheme. I/We solemnly affirm and declare that whatever is stated above is true to the best of my / our knowledge and record. I/We further indemnify the Government of Jammu and Kashmir to recover the amount, if any for any revenue loss which may occur (might have occurred) due to....