Categorization of Industries by GSPCB

Government of Goa in consultation with Goa State Pollution Control Board has classified the industries for the purpose of consent management as well as their authorization by GSPCB into ‘Red’,‘Orange’ and ‘Green’ Categories The details of the Notification as below:

Official Gazette, Govt. of Goa
Series I No. 15, 14th July, 2011
Department of Science, Technology & Environment
Notification No. 40/4/2006/STE-DIR/414

Copy of the Notification is available at GSIA office.

Extension of validity period for various Schemes

GOVERNMENT OF GOA

Department of Industries, Series I No. 5 5th May, 2011 Notification 3/31/2011-IND

Read:
(1) Notification No. 3/40/2003-IND Part) dated 31st December, 2008 regarding “Preferential Purchase Incentives for Micro and Small Enterprises Scheme, 2008”.

(2) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Goa State Export Market Development Scheme, 2008”.

(3) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Capital Contribution Scheme, 2008”.

(4) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Interest Subsidy Scheme, 2008”.

(5) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Incentives to Encourage Consumption of Local Raw Material Scheme, 2008”.

(6) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Goa State Employment Subsidy Scheme for the Industries, 2008”.

(7) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Incentives to Women Entrepreneurs Schemes, 2008”.

(8) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Share Capital to Local Entrepreneurs and Self Employed Scheme, 2008”.

(9) Notification No. 3/40/2003-IND (Part) dated 31st December, 2008 regarding “Goa State Financial Incentives to the Industries for Certification and Patenting Scheme, 2008”.

The above Notifications have been published in the Official Gazette, Series I No. 42 dated 15th January, 2009.

The validity period of the above cited Notifications is extended upto 31-03-2014.

This issues with the concurrence of the Finance (Exp.) Department vide their U. O. No. 1436368 dated 25-04-2011.

By order and in the name of the Governor of Goa.
Prabhakar V. Vaingankar, Under Secretary
(Industries). Porvorim, 27th April, 2011.

The Goa Value Added Tax (Fifth Amendment) Act, 2011

Official Gazette — Govt. of Goa
Series I No. 49 (Extraordinary) 8th March, 2011, Department of Law & Judiciary
Legal Affairs Division, Notification 7/2/2011-LA
The Goa Value Added Tax (Fifth Amendment) Act, 2011 (Goa Act 2 of 2011), which has been passed by Legislative Assembly of Goa on 3-2-2011 and assented to by the Governor of Goa on 3-3-2011, is hereby published for general information of the public.
Sharad G. Marathe, Joint Secretary (Law).
Porvorim, 8th March, 2011.
__________
The Goa Value Added Tax (Fifth Amendment) Act, 2011 (Goa Act 2 of 2011) [3-3-2011]
AN
ACT
further to amend the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005).
Be it enacted by the Legislative Assembly of Goa in the Sixty-second Year of the Republic of India, as follows:—

1. Short title and commencement.— (1) This Act may be called the Goa Value Added Tax (Fifth Amendment) Act, 2011.
(2) It shall come into force on such date as the Government may, by Notification in the Official Gazette, appoint.
2. Amendment of section 3.— In section 3 of the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the “principal Act”), after sub-section (8), the following sub-section shall be inserted, namely:—
“(9) Special liability of person organizing or conducting exhibition.— Any person organizing or conducting exhibition either for sale of goods or for promoting goods for sale, by providing stalls or space to other persons or dealers under the banner of specific name and style or under a common roof, for a specific period, shall, notwithstanding that such participating persons or dealers are individually liable to pay tax under any of the provisions of this section, be liable to pay tax on all taxable sales effected by such participating persons or dealers during such exhibition.”.
3. Amendment of section 9.— In section 9 of the principal Act, for sub-section (6), the following sub-section shall be substituted, namely:—
“(6) Any registered dealer who has paid entry tax under the Goa Tax on Entry of Goods Act, 2000 (Goa Act 14 of 2000), either on raw material or on capital goods, other than on goods covered by Schedule ‘G’ and/or sub-section (2) of this section, brought by him into the local area for use or consumption in the manufacture or processing of goods within the State, shall be entitled for input tax credit under sub-section (1) of this section.”.
4. Amendment of section 10.— In section 10 of the principal Act, after sub-section (4), the following shall be inserted, namely:—
“Explanation.— (i) For the purposes of sub-sections (1) and (2) of this section, the input tax credit proportionate to the closing stock (other than stock of processed goods) at the end of financial year, shall be
reversed and such amount shall be carried forward to the succeeding financial year as input tax credit corresponding to the opening stock. The term “processed goods”, for the purposes of this sub-section, means finished or semi- -finished goods produced or manufactured by the dealer and such goods shall be separately indicated.”.
5. Amendment of section 11.— In section 11 of the principal Act, in sub-section (3), for the letters and figures “Rs. 100/-”, wherever they occur, the letters and figures “Rs. 250/-” shall be substituted.
6. Amendment of section 12.— In section 12 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) In case of goods returned or rejected by the purchaser, either a credit note or a written acknowledgement shall be issued
by the selling dealer to the purchaser for having received the goods from the purchaser and a debit note shall be issued by the purchaser to the selling dealer containing particulars of the transaction as may be prescribed:
Provided that no such credit note or a written acknowledgement and/or debit note shall be considered for grant of input tax credit if the goods are returned or rejected beyond the period of six months.”.
7. Amendment of section 18.— In section 18 of the principal Act, after sub-section (8), the following sub-section shall be inserted, namely:—
“(9) Any person intending to organize or conduct exhibition either for sale of goods or for promoting goods for sale, by providing stalls or space to other persons or dealers under the banner of specific name and style or under a common roof, for a specific period, shall, notwithstanding that such participating persons or dealers are individually registered under this Act, apply in such form as may be prescribed, to the Commissioner, for registration under this Act, indicating therein the details of the persons and/or dealers participating in, and the period of, such exhibition alongwith such security deposit as may be prescribed.
The provisions of sub-sections (4), (5), (6), (7) and (8) of this section shall, mutatis mutandis apply, to this sub-section.”.
8. Amendment of section 23.— In section 23 of the principal Act,—
(i) for sub-section (2), the following sub-section shall be substituted, namely:–
“(2) Every dealer registered under this Act shall furnish the Permanent Account Number (PAN) obtained by him under the Income Tax Act, 1961 (Central Act 43 of 1961) within such period and to such authority, as may be notified by the Commissioner in the Official Gazette, for the purpose of incorporating it in the registration records.”;
(ii) after sub-section (2), the following sub-section shall be inserted, namely:—
“(3) Every person or dealer liable to pay tax under this Act and who applies for registration under sub-section (1), sub-section (3) or sub-section (9) of section 18 shall furnish a self-attested photocopy of the card containing his Permanent Account Number (PAN) obtained by him under the Income Tax Act, 1961 (Central Act 43 of 1961) alongwith the application for registration.”.
9. Amendment of section 25.— In section 25 of the principal Act, in sub-section (4), after the existing proviso, the following proviso shall be inserted, namely:—
“Provided further that, subject to the rules made in this behalf, the Commissioner may, at the request of a dealer or person, remit the whole or any part of the penalty and/or interest payable by such dealer or person.”.
10. Amendment of section 28.— In section 28 of the principal Act, in sub-section (1), for the figures “1%”, the figures “2%” shall be substituted.
11. Amendment of section 29.— In section 29 of the principal Act, in sub-section (2),— (i) in clause (c), for the expression “amount due,”, the expression “amount due; or” shall be substituted;
(ii) after clause (c), the following clause shall be inserted, namely:— “(d) the Commissioner requires to get satisfied with the correctness of the refund so claimed,”.
12. Amendment of section 65.— In section 65 of the principal Act, in sub-section (1), after the words “in writing” and before the words “any money”, the expression “any immovable or movable property including goods in stock and capital assets of the business or otherwise and/or” shall be inserted.
13. Amendment of section 89.— In section 89 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:—
“(3) Notwithstanding anything contained in this Act, rules or notifications framed or issued thereunder, the Government may, by notification in the Official Gazette, frame Scheme for allowing concession in tax
payable under this Act, to new units, on commencing their production, on such terms and conditions as it may deem fit.”.
Secretariat,                  PRAMOD V. KAMAT,
Porvorim-Goa.             Secretary to the Govt. of Goa.
Dated: 8-3-2011. Law Department (Legal Affairs).

Employees’ Provident Funds (Amendment) Scheme, 2011

Ministry of Labour and Employment
Gazette of India, Extraordinary, Part II- Section 3, Sub- Section (i)
Notification No. 17
New Delhi, the 15th January 2011/Pause 25,1932
G.S.R. 25(E)- In exercise of the powers conferred by Section 5, read with sub-section(1) of Section 7 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952, namely:-
1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.
    (2) It shall come into force from the 1st day of April 2011.
2. In the Employees Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub- paragraph shall be substituted, namely:-
“(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph(6) of paragraph 72”.
3. In the said Scheme, in paragraph 72, in sub-paragraph (6):-
(a) for the words “but no claim has been preferred ” the word” but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred” shall be substituted.
(b) for the words “three years”, at both the places where they occur, the words “thirty six months shall be substituted.
[F.No. S-35012/01/2010-SS-II]
S.K.DEV VERMAN, Jt. Secy.

Note:- The Employees’ Provident Funds Scheme, was published in the Gazette of India, vide number S.R.O. 1509, dated the 2nd September, 1952 and lastly amended vide number G.S.R. 744(E), dated the 9th September, 2010.

HELPLINE FOR MSME SECTOR

The Union Ministry of Micro, Small and Medium Enterprises (MSME) has announced setting up of an “Udyami Helpline” with a toll free no. 1800-180-MSME or 1800-180- 6763.
This is a national-level call centre, which will provide information to the MSME sector on the single-window concept.
Udyami Helpline would provide information to first generation entrepreneurs regarding project profiles available in the website of Ministry of MSME/ KVIC and other Ministries, other formalities required in setting up of an enterprise, formalities required for getting loans from banks, availability of subsidy under various schemes of the Ministry e.g. Prime Minister’s Employment Generation Programme, name and address of Udyami Mitra who can provide him necessary guidance under Rajiv Gandhi Udyami Mitra Yojna.
Udyami Helpline would also provide information to existing entrepreneurs regarding:
Policies/Schemes of the Ministry in the area of credit, technology up-gradation, marketing support, skill development, infrastructure development e.g. Credit Guarantee Scheme, Credit Linked Capital Subsidy Scheme, Performance & Credit Rating Scheme, Schemes under National Manufacturing Competitive Programme, Cluster Development Programme, Marketing Development Assistance Schemes, Assistance to Training Institutions, Entrepreneurship & Skill Development Programmes etc.
Policies/Schemes of NSIC e.g. Raw Material Distribution, Consortia & Tender Marketing, Single Point Registration for Government Purchases, Credit Facilitation to MSMEs through Tie-up arrangements with Commercial Banks, Technological Facilitation to MSMEs through NSIC Technical Service Centres etc.
Policies/Schemes of KVIC/Coir Board e.g. Workshed scheme for Khadi Artisans, Enhancement of Productivity and Competitiveness of Khadi Industry and Artisans, Development of improved machines/process/services in rural industries, Interest Subsidy Eligibility Certification Scheme, Product Development Design Intervention & Packaging Scheme, Rejuvenation, Modernisation and Technology Upgradation of the Coir Industry etc.
Policies/Schemes of the Banks/SIDBI for providing credit to the Micro & Small Enterprises including collateral free loans to MSEs.

The office hours for the Udyami Helpline would be 6:00 AM to 10:00 PM, in two shifts, and would operate on all 365 days including Sundays and Holidays.

DECENTRALIZATION OF SERVICE TAX WORK FROM HEADQUARTER TO DIVISION AND RANGES BY OFFICE OF THE COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX, GOA

The Commissioner of Customs, Central Excise & Secrvice Tax ia decentralizating Service Tax work to Division & Ranges w.e.f 15/09/2010, for providing prompt and better service to the Trade and Service providers.
A) All Registrants who are already registered with ACES are requested to amend their registration as per the Location Code allotted to them by going through the following steps:
i) Go to website http://www.aces.gov.in
ii) Click on the blue link named “Service Tax”
iii) Logon by using your User ID /Password provided at the time of Registration under ACES.
iv) Move Mouse on Reg Module and select “Amend Registration” (A copy of the ST-1 submitted by the assessee will be displayed on screen, the amend registration button has to be clicked at the end of the ST-1)
v) Amend the Reg Module (Registration Module) by selecting the relevant RANGE under which the assessee falls as per the address and jurisdiction mentioned in the Trade Notice.
vi)Make any other changes if required (Except PAN and Address)
vii) Save
viii)Submit
B) All the Registrants who have failed to registered under ACES are requested to get themselves registered as per the Location Code alloted to them.
Commissionerate Code No. 20
Division and Ranges Codes: (Service Tax)
Division-I: 03 (Panaji:200305; Kundaim:200310; Bicholim:200307; Usgaon: 200306 and Mapusa:200302 Range)
Division II: 04 (Margao:200401; Ponda:200402; Quepem:200403; Vasco:200404; Verna(N):200405; and Verna(S): 200406 Range)
In case of any difficulty please contact the following officers:
D.C. (Division-I): 2437359; A.C. (Division-II); Superintendent (Service Tax), Hqrs: 2437192; Inspector (Computer Cell), Hqrs: 2437140

E-SERVICES BY DEPARTMENT OF COMMERCIAL TAXES, GOVERNMENT OF GOA

BACKGROUND

Commercial Taxes Department (CTD), Government of Goa is using the e-governance system known as VATsoft with the software support from NIC Goa. Using VATsoft, the CTD is effectively maintaining the documents of the VAT dealers so that the department can provide better services to the dealers as and when required by the Government and dealer. This also helps both Department and dealer to build mutual trust and confidence in carrying out their activities.

To further improve the faith and confidence between the business community and the department, the department has proposed to build a web-based system for e-filing of documents by the dealers. Most of them have welcomed this move and expressed their willingness to make use of this facility to submit the documents.

In this context, CTD has requested NIC to develop an e-filing system for VAT related activities. After going through the requirements, NIC has developed the system, called as the ‘VAT-eFS – VAT e-Filing System’.

ABOUT NATIONAL INFORMATICS CENTRE (NIC)
National Informatics Centre (NIC), Department of Information Technology, Ministry of Communication & IT, Government of India, is a premier organization in the field of Information Technology and provides state-of-the-art solutions to the information management, dissemination, e-Governance and decision support requirements of the Government. NICNET, with its Nationwide Network of state-of-the-art technology, computers, communication equipments and expert IT specialists, is well rooted and functioning at all Districts, State / Union Territory Capitals and Central Government and helping information exchange of vital nature. With its Master Earth Station at New Delhi, micro earth station nodes have been established in all the State Capitals, District Head Quarters and selected commercial centers.

The broad range of services being provided by NIC includes system study, design, coding, testing, training, implementation, software maintenance and hand holding support. NIC has designed and developed a number of e-governance systems for the Government of Goa, which includes VATsoft for Commercial Taxes, Treasury for Directorate of Accounts, Municipal Administration software for all Municipalities / City Corporation, Dharani for Land Records, Directorate of Accounts Computerization, Vaahan and Saarathi for Transport offices, CIPA for police stations, Court system, FMS for Secretariat and Government Departments and maintaining the websites, etc. VAT-eFS : VAT e-filing system CTD User Manual NIC-GSC-VATeFS-UM01 Ver 1.0 NIC Page 3 of 26

VAT-EFS : VAT E-FILING SYSTEM
Commercial Taxes Department is happy to introduce VAT e-filing system for the VAT dealers of Goa. E-filing is an internet/web based system, where in the dealers can submit important documents of VAT to CTD.

In this system, dealers can submit the details of Quarterly Returns, purchase invoices, sale invoices and CST statutory forms. They can also view various documents/records maintained by the department. The dealers have a provision to enter directly the document or upload the files from their system.

TIP: In case of any problem, please contact PRO – Phone. No-2229225

BENEFITS TO THE DEALER
Entering and submitting the VAT documents through VAT e-filing system will benefit the dealers. The CTD will be able to process the request for issue of fresh CST statutory forms faster when the dealers submit the utilization & receipt reports of CST statutory forms on efiling system. In respect of submission of purchase and sale invoices, the system validates the TINs of both the seller and the buyer from the departmental dealer master and tells about the invalid TIN’s of purchaser/seller. This avoids unnecessary queries from the Departmental officers while conducting audit and inspection.

The system will also display details of pending documents/payments of a dealer so that the dealer can take appropriate steps to avoid penalty and interest. Proper and in-time submission of documents through VAT e-filing system would avoid taking up audit and inspection work by the department in most cases.

This system helps the department to check the records of the dealers without asking them repeatedly to produce it before the officers of the department. The e-filing system has been designed and developed in such a way that it helps the dealers to view their records maintained and processed by the department.

HOW TO ACCESS?

REGISTER
Visit http://goacomtax.gov.in
Click on”e-Service” link
Click on the “Create an Account” button.
Enter your TIN
(System will display the basic details)
Enter other details and submitting
(DCT will post you the User Account details)

E-FILE RETURNS
Visit http://goacomtax.gov.in
Click on “e-Service” Link
Log on to the system using your User Name & Password
Select “ Filing of Returns” option for file your Return

OBTAIN STATUTORY FORMS
Visit http://goacomtax.gov.in
Click on “e-Service” Link
Log on to the system using your User Name & Password
Select “ Request Forms” option to obtain Statutory Forms

E-PAYMENTS
visit http://goa.gov.in
Create an User Account (by registering once)
Log on to the system using your User Name & Password
Select the type of tax for payment.

All dealers are requested to avail this facility for filing returns for the first quarter of 2010-2011

For more information Visit http://goacomtax.gov.in

This facility is presently available only for VAT & CST.

GSIA FELICITATES ANIL COUNTO

Goa State Industries Association (GSIA) felicitated Mr. Anil Counto in recognition of his Outstanding Entrepreneurship at the hands of Chief Minister Shri Digambar Kamat at their Annual Function held on 25th June 2010, at Hotel Mandovi, Panaji Goa.
Shri. Digambar Kamat congratulated GSIA for encouraging the spirit of entrepreneurship. He said that he is happy that Mr. Anil Counto has been felicitated, a Goan entrepreneur who has vision and did not hesitate to take risks in his life. Mr. Digambar Kamat said that the Government has been always sympathetic to industrial sector and he has always entertained many of the suggestions put forth by GSIA He said GSIA has always cooperated with the Government and taken up issues of Small entrepreneurs for improvement of industrial scenario and for the betterment of the State.
Mr. Anil Counto in his reply to the felicitation thanked GSIA for honouring him with Entrepreneurship Achievement Award. He said that he has won many National Awards but this award is special to him because it comes from his own State. Mr. Counto recounted his childhood days and said that education is a must for self development. He said to be a successful entrepreneur what is required is leadership and a vision and vision without passion and mission, cannot be put into reality.
Mr. Ashank Desai, Founder and former Chairman of Mastek Ltd. was the Keynote Speaker. Mr. Ashank Desai gave a brainstorming presentation on his entrepreneurial journey. He said bringing up Mastek during 1982-92 was very tough as it was the worst time for all software entrepreneurs in India. At that time there was no export market and a limited domestic market. He said entrepreneurial growth depends on outstanding teamwork, respect for individuals, pride in work, customer intimacy and commitment to result.He said important requirement for entrepreneur’s success are longterm vision, tenacity to realize vision to forge ahead despite challenges and ability to take calculated risks.
Earlier, Mr. Atul P. Naik, President GSIA in his welcome address said that GSIA is celebrating the spirit of entrepreneurship so that it encourages industrial development of Goa. He mentioned a few issues which had to be taken up on priority by the Government of Goa like issuing notification regarding Combined Forms for Air & Water NOC’s., Categorization of industries into Red, Orange and Green Categories, Validity and Consent Fees. He said recently industries have been denied additional power for expansion which is a cause of concern for industrial growth. Mr. Atul P. Naik also mentioned that ban on plastic will be a retrograde step for growth of plastic industry in Goa. On the contrary Government should concentrate on collection and disposal of plastic waste .Mr. Rajkumar Kamat, Hon. Secretary, GSIA presented the Annual Report of GSIA’s activities.
Mr. Shekhar Sardessai who was elected President of GSIA for the term 2010-2013 at the AGM held prior to the Annual Function, laid down the road map for GSIA for the next 3 years and proposed a Vote of Thanks.

LEAN MANUFACTURING COMPETITIVENESS SCHEME

Lean Manufacturing Competitiveness Scheme (LMCS) is implemented under National Manufacturing Competitiveness Programme for the benefit of MSME’s. The objective of the scheme is to enhance the manufacturing competitiveness of MSME’s through the application of Lean Manufacturing (LM) techniques. The general approach involves engagement of Lean Manufacturing Consultant (LMC) to work with selected MSME’s in the chosen CLUSTERS with financial support from the Government.

Objectives of Lean Manufacturing Scheme.
The objectives of the scheme are to increase the competitiveness of MSME sector through the adoption of LM techniques with the objectives of :Reducing wasteIncreasing ProductivityIntroducing innovative practices for improving overall competitivenessInculcating good management systems, andImbibing a culture of continuous improvement.

Coverage and Eligibility
The Scheme is open to all MSME’s. The units are required to form a Mini Cluster (MC) of 10 or so units by signing among themselves a Memorandum of Understanding (MoU) to participate in the scheme. MC’s are required to formalize their association by forming a Special Purpose Vehicle (SPV) like a trust, private limited company or a society.

What is a Cluster?
Cluster can be broadly defined as a group of industries who partner together for the purpose of improving their performance through mutual learning and sharing.

AMENDMENT OF THE GOA VALUE ADDED TAX DEFERMENT- CUM- NET PRESENT VALUE COMPULSORY PAYMENT SCHEME, 2005,

Official Gazette, Govt. of Goa,

15th March, 2010
Series I No. 50 Extraordinary,
Notification No. 4/5/2005-Fin(R&C)(75),
Department of Finance Revenue and Control Division.

In exercise of the powers conferred by sub–section (2) of section 89 of the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) and all other powers enabling it in this behalf, the Government of Goa hereby amends the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme, 2005, as follows:—

1. Short title and commencement.— (1) This Scheme may be called the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment (Second Amendment) Scheme, 2010.

(2) It shall come into force at once.

2. Amendment of clause 2(A).— In the Goa Value Added Tax Deferment-cum-Net Present Value Compulsory Payment Scheme, 2005 (hereinafter called as the “principal Scheme”), in clause 2(A),— (i) after sub-clause (a), the following proviso shall be inserted, namely:—

“Provided that the Government, by special order, published in the Official Gazette, may fix or authorize an additional period of benefit of such exemption to such class or classes of industrial units, as may be specified therein, for the purpose of this clause.”; (ii) in sub-clause (b), after item (ii), the following item shall be inserted, namely:—

“(iii) Notwithstanding anything contained in item (i) and (ii) above, the polluting industries to whom the benefit of tax exemption in terms of entry 68 or entry 85 of the Second Schedule appended to the earlier law has been extended by the Government order under third proviso to the said entries, and those units which are specified in item (ii) of sub-clause (e) shall not qualify for additional period of benefit of exemption.”; (iii) (a) in sub-clause (e), for items (i), the following shall be substituted, namely:—

“(i) in respect of an eligible unit, other than those specified in Schedule hereto, means the balance unexpired period computed on 31-3-2005 and the additional period so authorized in terms of Government order issued under proviso to sub-clause (a),”(b) after item (ii), the following item shall be inserted, namely:— “(iii) in respect of any small scale industrial unit which graduates into medium scale industrial unit on or before 31-03-2011, means the period of one year from the date of first sale upon such graduation, in addition to the balance unexpired period of the benefit of NPV certified to such unit before it’s graduation.”.

3. Amendment of clause 3.— In the principal Scheme, for clause 3, the following clause shall be substituted, namely:—

“3. Scope of Scheme.— (i) This Scheme is in lieu of exemption available and availed on the appointed day under the said entry and/or the Government order, as the case may be, under the earlier law and includes the additional period of benefit of such exemption authorized by the Government by special order in that behalf either to the existing unit or such small scale industrial units which graduates into medium scale industrial units within the time specified in sub–clause (e) of clause 2(A) of this Scheme.

(ii) In respect of Government notification issued under sub-section (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), the eligible unit shall exercise fresh option either to continue with the exemption subject to conditions specified in the said notification including production of Form ‘C’, or to opt for the benefit under this Scheme. The unit opting for tax exemption, effecting sales either to unregistered dealer or to any registered dealer without having supported sales with prescribed declarations, in the course of inter-State trade and commerce shall not be eligible for the benefit of this Scheme in respect of taxable sales effected by it and such sales shall be liable to pay full tax as per the normal transaction. The eligible unit shall exercise such option within 60 days from the date of coming into force of the Goa Value Added Tax Deferment–cum-Net Present Value Compulsory Payment (Second Amendment) Scheme, 2010 and the option so availed shall be final and irrevocable.

(iii) Any small scale industrial unit which is/was enjoying benefit of the principal Scheme and graduates into medium scale industrial unit on or before 31-03-2011 shall be eligible for the benefit of NPV for further period of one year upon such graduation.

(iv) In respect of additional period of benefit of exemption being allowed to any unit in pursuance of the Government order issued under proviso to sub-clause (a) of clause 2(A) of this Scheme, wherein the unit fails to exercise option within the time prescribed in sub-clause (ii) above, such

unit shall not enjoy any tax exemption under Government notification issued under sub-section (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) during such additional entitlement and it shall be compulsory for such unit to be within this Scheme”.

4. Amendment of clause 4.— In clause 4 of the principal Scheme, after the existing provisions, the following shall be inserted, namely:—

“Notwithstanding anything contained in the foregoing paragraph of this clause, the unit which is entitled for additional period of benefit of exemption and/or the small scale industrial units which graduate into medium scale industrial unit after the coming into force of the Goa Value Added Tax Deferment-cum-Net-Present Value Compulsory Payment (Second Amendment) Scheme, 2010, shall file an application in Form-IV, in duplicate, before the Commissioner within 60 days from the date of coming into force of the Goa Value Added Tax Deferment-cum-Net-Present Value Compulsory Payment (Second Amendment) Scheme, 2010. The application shall be complete in all respects and also be accompanied with a declaration stating whether such unit would like to continue with tax exemption under the Government notification issued under sub-section (5) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) for the balance unexpired period. Where a unit opts for tax exemption, the Central Sales Tax collected on inter-State sales to un-registered dealers including sales not supported with the prescribed declaration, shall not qualify for the benefit under this scheme. The application shall be acknowledged by the Commissioner in Form-V, certifying therein the eligibility of additional period of benefit under the Scheme and also specifying the actual period for its a ailment.”.

5. Amendment of clause 8.— In clause 8 of the principal Scheme, after the existing provisions, the following shall be inserted, namely:—

“The eligible unit which would be entitled for additional period of benefit under this Scheme, as authorized by the Government by special order in this regard, shall make a declaration to the

Commissioner of Commercial Taxes in Form-IV specified hereto, enclosing therewith all the relevant documents, within the time specified in clause 4 of this Scheme. The Commissioner of Commercial Taxes, upon receipt of such declaration and after examining the records, shall issue to the applicant an Acknowledgment-cum-Order in Form-V, certifying therein the fresh entitlement, or rejecting the declaration. However, no such application shall be rejected, without giving to the declarant an opportunity of being heard.”.

6. Insertion of new Form IV and Form V.— In the principal Scheme, after Form III, the Forms “FORM – IV & “FORM – V shall be inserted.