51. Lump sum scheme in respect of ply-board manufacturers. section 9.

(1) Subject to the other provisions of this rule, a ply-board manufacturer may, by exercising option in the manner given in sub-rule (6), at any time offer to make payment of lump sum in lieu of tax payable by him under the Act on sale of ply-board manufactured by him and waste products arising therefrom, at the rate(s) mentioned below-

Where an 8’x4’x10 press is designed to make 10 number ply-boards each measuring 8 feet by 4 feet i.e. 320 square feet ply-board in single operation and presses other sizes are designed to make ply-board in the same proportion:

Provided that annual rate of lump sum in respect of press of any other size not tabulated above shall, if the press is designed to make ply-boards of size not exceeding 4’x4’ i.e. 16 square feet per piece be computed @ Rs.2611.61 per square feet else @Rs.3656.25 per square feet, rounded off to nearest thousand in each case.

Provided further that lump sum for any additional press of the same or lower size shall be computed at one-half of the full rate tabulated above.

(2) An industrial unit availing the benefit of deferment of payment of tax if chooses to opt for payment of lump sum, shall pay lump sum at one-half of the rate(s) specified in sub-rule (1) for the remaining period of deferment and thereafter such unit shall pay lump sum for the next at least five years at the full rate(s) specified under the said sub-rule and if the unit is closed down in the mean time, it shall be liable to pay up the whole of the amount of benefit availed by it by twelve equal monthly instalments.

Note – For the purpose of computing the period of deferment of an industrial unit covered under the foregoing sub-rule, tax benefit shall be calculated at the full rate(s) specified in sub-rule (1).

(3) The tax paid in any quarter/month on goods purchased for use in manufacture of ply-board may be adjusted with the lump sum payable for the next quarter/month provided an account of purchase of such goods and their use in manufacture is maintained and corresponding information is furnished in the returns:

Provided further that the proportion of adjustment on account of goods other than wood and wood products for any tax period shall not exceed twelve per cent of the total adjustment allowed for that period.

Illustration: Out of a claim of tax paid of Rs.2,06,000/- in respect of goods used in manufacture, Rs.1,76,000/- relate to wood and wood products and Rs.30,000/- to other goods, the claim allowed shall be Rs.2,00,000/- - Rs.1,76,000/- in respect of wood and wood products and Rs.24,000/- in respect of other goods.

(4) A ply-board manufacturer in whose case composition under this rule is made and is in force shall file the returns under the Central Act as if no composition is in force and shall pay tax due according to such returns after adjusting the amount of lump sum payable for the return period at the rate(s) given in sub-rule (1).

(5) The composition made under this rule shall have no effect on liability to pay tax under the Act or the Central Act on resale of goods.

(6) A ply-board manufacturer, desirous of making offer of composition, shall make option in the following form of application and furnish the same either in person or through his authorised agent to the appropriate assessing authority –

Form of application

I …………..………...…………………………… (name), aged …….. (Years), son of Shri …………………………………………… resident of ………….……………………………. (address), town: …….…….…, District: …..….…………, *proprietor/partner/Karta/manager/director/ authorised signatory of business of manufacturing and selling ply-board in the name and style of M/s …….……………………………………………, situated at …………………………………….…… (address), District: …………, do hereby solemnly affirm and declare truly and correctly as under –

2. That the said business concern *is registered under the Haryana Value Added Tax Act, 2003 with TIN: ………..…………. dated …..…….…….. / *has applied for registration vide application dated ………………. / *application for registration is enclosed.

3. That the said business concern offers to make payment of lump sum by way of composition, subject to the provisions of the Haryana Value Added Tax Rules, 2003, which have been carefully gone through, understood and are accepted as terms and conditions of the composition.

4. Detail of presses installed at the business premises are, as under –

Place ………………

Date ………………..

Signature of applicant ………………………………

ACKNOWLEDGEMENT

Received application from M/s ……………………………………………….

(Mention complete name and address with TIN, if any)

Place: ………………….                                                                                                                                           Signature of assessing authority…………..……

Date: …………………..                                                                                                                                             Name in CAPITALS: ………………………….…

Designation: ……………………………………..

(7) A ply-board manufacturer liable to pay lump sum may make use of declarations in Form VAT-D1 or in Central form C for making purchase of goods at lower rate of tax or central sales tax, as the case may be, for use in manufacturing of goods for sale. He shall not be required to make use of declaration(s) in Form VATD3 for carrying goods. He shall be required to furnish quarterly returns in Form VAT-R11 within a month of the close of the quarter.

(8) The Commissioner or an officer appointed under sub-section (1) of section 55 to assist him may visit business premises of a ply-board manufacturer liable to pay lump sum for verification of –

(i) Number and size(s) of press(es);

(ii) Date of liability to pay tax or cessation of liability; and

(iii) Any other information, which the manufacturer has given to the assessing authority in relation to his business.