section 4
Disqualification
The Sikkim Industrial Promotion and Incentive (Amendment) Act, 2003Where an industrial unit fails to furnish any information or material particulars or record or document or having received the benefits available under the act is found to have resorted to malpractice or misused benefits of concessions or suppresses or furnishes wrong information or is otherwise found to have not acted bonafide shall be disqualified for availing any benefits or concession or incentive under the Act. In the said Act, for the existing section 5, the following section shall be substituted, namely:- "Sanctioning Authority 5. For the benefits/incentives under this Act, the following authorities shall have the power of sanctioning namely:- (1) General Manager of District Industries Centres - up to Rs. 10,000/- (Rupees ten thousand). (2) Director of Industries upto Rs. 1,00,000/- (Rupees one lakh). (3) Secretary Industries - Upto Rs. 1,50,000/- (Rupees one lakh and fifty thousand). (4) Minister in-charge, Industries - all cases above Rs. 1.5 lakhs to Rs. 5 lakhs (Rupees five lakhs). (5) There shall be a Committee constituted under the Scheme consisting of the Minister Industries with secretary, Industries, Secretary, Finance and Director, Industries as members who shall sanction subsidies incentive between Rs. 5 to Rs. 8 lakhs (Rupees five to eight lakhs). (6) All cases above Rs. 8 lakhs (Rupees eight lakhs) will be placed in the cabinet." In the said Act, for the existing Section 12 A the following section shall be substituted namely:- '12A(1) "The Value Added Tax (VAT) payable by an industrial Unit shall be deferred for a period of 10 (ten) years up to 12 (twelve) years for notified thrust area industries, from the date of commencement of actual commercial production. These units will be permitted to collect VAT also, if any, during the entire period of deferment as the case may be. At the end of the deferment period, the VAT collected will have to be remitted to the Government Account in four half yearly installments. All the industrial units which are already enjoying the sales tax exemption the same will be converted into VAT deferral scheme as above for the remaining periods of their exemption as the case may be." (2) The levy of State Excise Duty and Sales Tax on units manufacturing alcoholic/beer products shall be governed by such notification as may be issued by the State Government from time to time (2) Central Sales Tax shall not be exempted'
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