(1) A registered dealer holding an un-expired certificate of eligibility for tax holiday issued under the previous Act shall, within thirty days from the appointed day, apply to such Deputy Commissioner or Assistant Commissioner, as the Commissioner may, by an order in writing, authorise in this behalf, for fresh certificate of eligibility in Form No.78 unless the certificate of eligibility issued under the previous Act is due to expire within two months from the appointed day, in which case, the said certificate issued under previous Act shall be deemed to be valid for the purposes of this Act and rules till the date of its expiry.
(2) The application referred to in sub-rule (1) shall be duly filled in, signed and verified by the dealer.
(3) If the Deputy Commissioner or the Assistant Commissioner, as the case may be, is satisfied that a registered dealer has furnished correctly all information in the application referred to in sub-rule (1), and that such dealer has complied with the requirements of the provisions of the Act and the rules for the purpose of clause (b) of sub-section (1) of section 116, and such registered dealer is eligible to enjoy the tax holiday under clause (b) of sub-section (1) of section 118, the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall grant a certificate of eligibility in Form No. 79 to such dealer for the available eligible period as applicable to him under clause (b) of sub-section (1) of section 118 from the appointed day for sale of the goods manufactured in his newly set up small-scale industrial unit.
(4) The certificate of eligibility granted under sub-rule (3) shall, subject to the provisions of the rules in this Chapter, be valid for the available eligible period from the appointed day.
(5) When the Deputy Commissioner or the Assistant Commissioner is satisfied that the information furnished in the application referred to in sub-rule (1) is not correct and complete, or that the dealer has not complied with the requirements of the provisions of the Act and the rules as mentioned in sub-rule (1), or that the dealer is not entitled to enjoy the benefit of tax holiday under clause (b) of sub-section (1) of section 118, he shall reject the application for reasons to be recorded in writing:
Provided that before such application is rejected, the dealer shall be given a reasonable opportunity of being heard.