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“Direct and Indirect Tax benefit For
Industries with special Incentive
Scheme for Industries in
Maharashtra”
By Mr. Pathik Shah – CA, LLB
159/4, Smruti building, Jawahar nagar, road no. 2,Goregaon(West), Mumbai-62
TEL: 28737904 / 28788528 MOB: 9870148084 E.MAIL: shahpathik123@gmail.com
Contents
PART – I: Package Scheme of Incentive - 2013................ 2
PART – II: Direct Tax benefits available for industry...... 15
PART – III: Benefits for SME registered in Micro, Small
and Medium Enterprises (MSME) Act........................... 16
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PART – I: Package Scheme of Incentive - 2013
PREAMBLE-
The Maharashtra government has recently declared the new Industrial Policy -2013
(Government resolution no. PSI-2013/CT-54/IND-8) (hereinafter referred as PSI-2013) to ensure
sustained industrial growth through various innovative initiatives so as to further improve the
conducive industrial climate in the State and to provide global competitive edge to the
industries in the State.
1 Applicability of PSI -2013
The PSI -2013 shall remain in operation from the 1st April 2013 up to 31st March,2018.
2 Coverage under the PSI - 2013
The following categories of Eligible Industrial Units in the Private Sector, Co-operative
sector, Central Public Sector, State Public Sector/ Joint Sector shall be eligible to be
considered for incentives under the PSI- 2013 :-
i. Industries listed in the First Schedule of the Industries (Development and
Regulation) Act, 1951, as amended from time to time
ii. Manufacturing Enterprises as defined in the Micro, Small and Medium Enterprises
Development Act, 2006. (MSMED Act,2006)
iii. Information Technology Manufacturing Units registered with the Directorate of
Industries or the Maharashtra Industrial Development Corporation (MIDC) or the
Development Commissioner, Santacruz Electronic Export Processing Zone (SEEPZ)
or Software Technology Parks of India (STPI) in the State.
iv. Bio-technology Manufacturing Units as specified by the Government from time to
time, which are outside the purview of any registering authority mentioned above.
v. Cold Storages
vi. Mechanized Food/Agro Processing Industries in the following sectors:
 Dairy, Fruit and Vegetable Processing.
 Grain Processing.
 Fish Processing.
 Consumer foods including Packed foods.
 Non alcoholic beverages from fruits and vegetables.
vii. Central Public Sector Units which satisfy the qualifying criteria as defined in PSI-2013
policy
3 Classification of Areas for PSI-2013:
For the purposes of the PSI- 2013, detailed talukawise classification of different areas of
the State as Group, A /B/ C/ D/ D + etc., on the basis of their level of industrial
development shall be as given in Annexure-I where -
i. Group A: Denotes Industrially developed areas
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ii. Group B: Denotes Areas where some industrial development has taken place, but
are less developed than the areas under Group A.
iii. Group C: Denotes Areas, which are less developed than those covered under
Group B.
iv. Group D: Denotes the lesser-developed areas of the State, not covered under
Group A/ Group B/ Group C.
v. Group D+: Denotes the least developed areas, not covered under Group A/Group
B/Group C/Group D.
vi. No Industry District: Denotes District having no industries and not covered under
Group A / B/ C/ D & D+.
vii. Naxalism Affected Area: Denotes Area affected by naxalism, as described in GR
No NAVIKA-2008/C.R. 209/Ka. 1416 Dated 31.5.2009 ( Annexure II)
4 Meaning of Micro & Small Manufacturing Enterprises, Medium Manufacturing
Enterprises / Large Scale Industries / Mega Projects and Ultra Mega Projects:-
Sr. no. Type of enterprise Capital investment
(i) Micro, Small and Medium
Manufacturing Enterprises (MSME)
Up to Rs. 10 crores
(ii) Large Scale Industries (LSI) Above Rs. 10 crores
(iii)Mega Projects / Ultra Mega Projects: - Industrial Units satisfying the minimum
threshold limits of Fixed Capital Investment or Direct Employment prescribed in the
following table shall be classified as Mega Projects/ Ultra Mega Projects.
Type of unit Taluka / Area
classification
Minimum Fixed
capital investment
(Rs. crore)
Minimum direct
Employment (Nos.)
Mega project A & B 750 1,500
C 500 1,000
D & D+ 250 500
No industry district
and Naxalism
affexted area
100 250
Ultra Mega
project
Entire state 1,500 3,000
Provided that -
a. Mega projects based on employment criteria shall be required to maintain the
qualifying direct employment throughout the year and 75% of such employees
should be local persons. If the employment criteria is not maintained in any month
of the year for which Industrial Promotion Subsidy is claimed, then Industrial
Promotion Subsidy shall not be admissible for such year.
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b. Minimum Direct Employment prescribed in the table above should be created
within a period of two years from the date of commercial production.
c. The investment in Captive Power Plant shall not be considered for determining the
qualifying criteria for eligibility as Mega Project/Ultra Mega Project.
5 Meaning of Capital investment / Fixed Assets
The term Fixed Assets shall mean and include:
i) Land / area in effective possession for a minimum further period equivalent to
sum of Eligibility Period and Operative Period, prescribed under the scheme and
as required for the project.
ii) Building, i.e. any built-up area used for the Eligible Unit including administrative
building, residential quarters, industrial housing and accommodation for all such
facilities as are required for the manufacturing processes.
iii) Plant and Machinery, i.e. Tools and equipment including handling and haulage
equipment or tools as are necessarily required and exclusively used for sustaining
the working of the Eligible Unit.
iv) The cost of development of the location of the Eligible Unit, such as fencing,
construction of roads and other infrastructure facilities which the Eligible Unit has
to incur under the project.
v) Installation charges and pre-operative expenses capitalized.
vi) Technical know-how including cost of drawings and know-how fees.
vii) The amount paid to the Electricity Distribution Company for supply of power to
the Eligible Unit, or to the Maharashtra Industrial Development Corporation
(MIDC) for development of infrastructure for the Eligible Unit, or to any other
Government Agency for similar purpose.
viii) For Mega Project/Ultra Mega Project –
a) The Tooling acquired by the Mega Project / Ultra Mega Project may be located
at the premises of various ancillary units of the Mega Project within the State,
limited to maximum 40% of the total plant and machinery of the Mega
Projects/ Ultra Mega Project .
b) If Mega Project / Ultra Mega Project wants to support certain captive process
vendors who may put up investment purely and entirely for the purpose of
carrying out certain processes in the overall manufacturing process of the Mega
Project/ Ultra Mega Project, the investment made by such captive process
vendors would also qualify for being counted towards the fixed capital
investment of the Mega Project / Ultra Mega Project subject to the following
conditions–
 Such Mega Project/ Ultra Mega Project shall furnish a list of such captive
process vendors which it wants to support.
 Such captive process vendors are located in the same industrial area or
higher classified Taluka where the Mega Project / Ultra Mega Project
Unit is situated (e.g. if the Mega Project is located in B area, then the
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captive process vendors should be from the same classified area or from
C, D, D+ area or No Industry Districts)
 Such captive process vendors should be engaged in a part of the
manufacturing process (and not components or independent products) of
only one Mega Project/ Ultra Mega Project.
6 FINANCIAL INCENTIVES FORMSMEs/LSIs UNDERPSI-2013
6.1. New MSME/LSI Units will eligible for a basket of incentives mentioned in Paras Nos.
6.1 to 6.9 the total quantum of which will be linked to the Fixed Capital Investment. The
total quantum of incentives (excluding the incentives at Paras No 6.6 and 6.7) and the
Eligibility Period, will be as under : -
Taluka / Area Ceiling as % of fixed capital
investment
No. of years
Micro, small
and Medium
Enterprise
LSI Micro, small
and Medium
Enterprise
LSI
A --- -- 7 7
B 20 --- 7 7
C 40 30 7 7
D 70 40 10 7
D+ 80 50 10 7
No industry
District
90 70 10 7
Naxalism
Affected Area
100 80 10 7
Provided that -
a) The incentives at Para No. 6.9 will also be available to MSME and Large Scale Units in
Group A and B areas as well.
b) The total quantum of incentives for the food /agro processing units covered in will be
10% over and above the limits mentioned above and such units will get one more year of
eligibility to avail of the incentives.
6.2. Expansion /Diversification Units: Existing/New Micro, Small and Medium
Manufacturing Enterprises, LSI (including Manufacturing IT/BT) Units, qualifying as
Expansion/Diversification Units, will also be eligible to get the Incentives for Expansion
/Diversification, equivalent to 75% of the incentives admissible for New Units. The
eligibility period for availing of the incentives will however be reduced by one year in
case of Expansion/Diversification Units.
Example: For example, if an Eligible New Micro, Small and Medium Manufacturing Enterprise
located in D area has obtained EC and its date of commencement of commercial production is
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09/10/2013, the Eligible unit will be entitled to Industrial Promotion Subsidy, Interest Subsidy,
Power Tariff Subsidy, etc all taken together up to a maximum of 70% of its eligible investment
for 10 years from 01/11/2013. In addition, the Unit will also be eligible for exemption from
payment of Stamp Duty during the Investment period and Electricity Duty exemption for a
period of 10 years .
If the Unit in above example is an Expansion / Diversification Unit, then the maximum quantum
of incentives in the above example will be 52.5% of its eligible investment and the Eligibility
period will be 9 years (Except Electricity Duty exemption).
6.3. Industrial Promotion Subsidy (IPS) for MSMEs -
(1) The eligible New/Expansion Micro, Small and Medium Manufacturing Enterprises,
which are set up in different parts of the State, will be eligible for Industrial Promotion
Subsidy (IPS) as follows:
Sr. no. Taluka / Area Classification The quantum of Industrial
Promotion subsidy every year
1 Naxalism Affected area VAT on local sales minus Input Tax
Credit (ITC) or zero whichever is more
+ CST payable + 100% of ITC
2 No Industries District VAT on local sales minus ITC or zero
whichever is more + CST payable +
75% of ITC
3 Entire Vidarbha and
Marathwada (Other than Sr.
No. 1 & 2.)
VAT on local sales minus ITC or zero
whichever is more + CST payable +
65% of ITC
4 Group D+ Taluka
(Other than Sr.No.1 and 3)
VAT on local sales minus ITC or zero
whichever is more + CST payable +
50% of ITC
5 Group D Taluka
(Other than Sr.No.1and 3)
VAT on local sales minus ITC or zero
whichever is more + CST payable +
40% of ITC
6 Group C Taluka VAT on local sales minus ITC or zero
whichever is more + CST payable +
30% of ITC
7 Group B Taluka VAT on local sales minus ITC or zero
whichever is more + CST payable +
20% of ITC
6.4. Industrial Promotion Subsidy for Large Scale Industries -
The eligible New/Expansion Large Scale Manufacturing Units, which are set up in
different parts of the State, will be eligible for Industrial Promotion Subsidy (IPS) as
follows -
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Sr.
No.
Taluka/Area Classification The Industrial Promotion Subsidy
Every Year
1 Naxalism affected area 100% VAT on local sales minus Input
Tax Credit (ITC) or zero whichever is
more + CST payable
2 No Industries Districts, Vidarbha
and Marathwada
90% VAT on local sales minus ITC or
zero whichever is more + CST payable
3 Group D+ Taluka (Other than Sr.
No. 1 and 2)
80% VAT on local sales minus ITC or
zero whichever is more + CST payable
4 Group D Taluka (Other than Sr.
No. 1 & 2)
70% VAT on local sales minus ITC or
zero whichever is more + CST payable
5 Group C Taluka 60% VAT on local sales minus ITC or
zero whichever is more + CST payable
6.5. Interest Subsidy:
All eligible new Micro, Small and Medium Manufacturing Enterprises in areas other
than Group“A” will be eligible for interest subsidy. The Interest Subsidy will be payable
only on the interest actually paid to the Banks and Public Financial Institutions on the
amount of term loans taken for acquisition of Fixed Assets. The amount of interest
subsidy will be calculated @ effective rate of interest, after deducting the interest subsidy
receivable from any institution or under any Govt. of India Scheme and the
penal/compound interest or 5 % per annum, whichever is less. The quantum of interest
subsidy payable every year will not exceed the bills paid for electricity consumed during
the relevant year.
6.6. Exemption from Electricity Duty -
All Eligible New Units in Group C, D, and D+ areas and No-Industry District(s) and
Naxalism affected Area will be exempted from payment of Electricity Duty during
eligibility period not exceeding 15 years. In Group A and B areas, 100% Export Oriented
Units (EOUs), Information Technology Manufacturing Units and Bio-Technology
Manufacturing units will also be exempted from payment of Electricity Duty for a
period of 7 Years. Necessary Notification under the provisions of the Electricity Duty
Act 1958 will be issued separately by the Energy Department.
6.7. Waiver of Stamp Duty
New Units as well as Units undertaking Expansion/ Diversification (including Mega
and Ultra Mega Projects) will be exempted from payment of Stamp duty during the
Investment period in Group “C, D, D+ Talukas, No Industry Districts and Naxalism
affected areas. However, in Group A and B areas, stamp duty exemption would be
available as given below:
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 BT Manufacturing and IT Manufacturing Units in Public Parks : 100%
 BT Manufacturing and IT Manufacturing Units in Private Parks : 75%
 Mega Projects - 50% for first conveyance deed only
Explanation: Eligible New/Expansion Units of PSI-2007 will also be eligible for Stamp Duty
Exemption during their investment period.
Necessary Notification under the provisions of the Bombay Stamp Act 1958 will be
issued separately by the Revenue & Forest Department.
6.8. Power Tariff Subsidy
Eligible New Micro, Small and Medium Enterprises (MSME) will be eligible for power
tariff subsidy. The subsidy will be to the tune of Rs 1/- per unit for the Units located in
Vidarbha, Marathwada, North Maharashtra and the Districts of Raigad, Ratnagiri and
Sindhudurg in Kokan Region and Rs 0.50 per unit for the Units in other areas of the
State for a period of 3 years from the date of commencement of commercial production,
for the energy consumed and paid. The Units in Group “A” areas will however not be
eligible for this incentive.
6.9. Incentives for Strengthening MSMEs and LSIs
The followings incentives shall be admissible to the MSMEs and LSIs so as to promote
Quality Competitiveness, Research & Development, Technology Upgradation, Water &
Energy Conservation, Cleaner Production Measures and Credit Rating -
a. New MSMEs and Expansion thereof in all categories of areas will be eligible for
following incentives –
(i) 5% subsidy on capital equipment for Technology Up –gradation, subject to a
maximum of Rs.25 lacs
(ii) 75 % subsidy on the expenses incurred on quality certification limited to Rs. 1
Lakh .
(iii) 25% subsidy on capital equipment for cleaner production measures ,limited
to Rs.5 Lakhs
(iv) 75 % subsidy on the expenses incurred on patent registration limited to Rs. 10
Lakh for the National patents and Rs. 20 lakh for the International patents.
b. Incentives for Credit Rating of MSMEs in all categories of areas -
75% of the cost of carrying out Credit Rating by Small Industries Development
Bank of India/ Government accredited Credit Rating Agency, limited to Rs. 40,000.
c. New MSMEs, LSI and Expansion thereof will be eligible for the following
incentives in all categories of areas -
(i) 75% of cost of water audit limited to Rs. 1.00 lakh.
(ii) 75% of cost of energy audit limited to Rs. 2.00 lakh.
(iii) 50% of the cost of Capital Equipment under the measures to conserve /
recycle water, limited to Rs. 5 lakh
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(iv) 50% of the cost of Capital Equipment for improving energy Efficiency,
limited to Rs. 5 lakh.
6.10. Incentives for Units coming up in Naxalism affected Talukas
New/Expansion Units, setting up manufacturing industrial facilities in Naxalism
affected Talukas (Annexure – II) and employing at least 75 % local persons from the
Naxalism affected areas will be eligible for incentives .
7 Incentives for Mega projects/ Ultra mega projects
The quantum of incentives for Mega Projects and Ultra Mega Projects shall be decided
by the High Power Committee under the chairmanship of the Chief Secretary,
Government of Maharashtra on a case to case basis. However the Cabinet Sub
Committee for Industry, under the chairmanship of the Chief Minister of Maharashtra
will have the powers to sanction customized package of incentives and even offer
special / extra incentives for prestigious Mega Projects / Ultra Mega Projects, on a case
to case basis.
8 Yearly cap for the incentives
 The amount of incentives to be disbursed to the MSMEs and LSI Units every year
will be limited to the total quantum of incentives divided by the number of years as
per the applicable Eligibility period with the provision of carrying forward the
differential between the actual sanctioned amount for a given year and the yearly
disbursement limit.
 For Mega Projects/ Ultra Mega Projects, if the E.C. Period is more than 10 years, the
yearly limit on disbursement amount shall be equal to 1/10 of the total quantum of
incentives or Industrial Promotion Subsidy sanctioned for that year whichever is
less. The Carry forward principle will be applicable. The balance quantum of
incentives will be allowed to be availed of after 10 years with yearly cap as above.
Proportionate quantum of incentives will be calculated for a part of the year.
Example 1: If the unit is eligible for the total quantum of Rs.1000 and the E.C. period is
10 years, then actual incentives disbursed to such unit, shall not exceed Rs.100 (1000/10) in
a given year even though the amount of total incentives sanctioned for that year is more than
Rs. 100. The difference (yearly sanctioned amount minus yearly disbursement limit) can be
carried forward for the Subsequent years of E. C. period, such that the actual disbursement of
incentives is not more than Rs.100 in any year.
Example 2: If the unit is eligible for the total quantum of Rs.1000 and the E.C. period is
10 years, then actual incentive disbursed to such unit, shall not exceed Rs.100 (1000/10) or
the incentives sanctioned (say Rs.70) for that year whichever is less ( i.e. Rs.70). The
difference (i.e.Rs.30) can be carried forward for the further E. C. period. In the next year, if
the total incentives sanctioned are Rs. 140, then the unit will be eligible for disbursement of
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Rs. 100 (i.e. yearly maximum disbursement limit) and Rs. 30 towards the carried forward
amount .
9 Illustration explaining VAT/ CST and interest refund mechanism
If any company wants to make investment in Wada which is D+ zone in such case, in
following manner refund can be claimed.
Scenario 1: If unit MSME unit i.e. investment less than 10 crores
Under the PSI scheme, for unit in D+ zone, the State Government will refund 80% of
total capital investment in the entity, over a period of 10 years. The refund will be given
by way of VAT, CST and Interest subsidy.
Thus, if Rs. 10 crore is capital investment in a D+ zone, the financial incentives available
are as follow:
Capital investment 10 crore
Refund eligible 8 crore in 10 years
eligible refund per year 0.80 lacs
Hence, unit will be eligible to get refund of Rs. 80 lacs in each year.
In above case, if unit has made purchases of 1.6 crore and sale of 6.4 crore. In such case,
VAT paid on purchase @12.5% will be Rs. 20 lacs and VAT payable @12.55 will be Rs. 80
lacs on sale. In such case, refund calculation will be as follow:
1) VAT / CST refund Amount (in crore)
(A) VAT collected Rs. 0.80
(B) VAT paid on purchase Rs. 0.20
(C) VAT Paid (A-B) Rs. 0.60
(D) 50% of VAT Paid on purchase Rs. 0.10
VAT eligibility (C + D ) Rs. 0.70
Hence, total VAT eligible for refund will be Rs. 70 lacs
Further, unit has taken bank loan and on such bank load paid interest @12% of Rs. 24
lacs. So from such interest only 5% interest is allowed to take refund. Hence, up to Rs. 10
lacs can be taken as refund. In such scenario following amount can be claimed as interest
subsidy:
2) Interest subsidy
Interest paid 10 lacs
Electricity bill 7 lacs
Claimable refund 10 lacs
Based on above working, total maximum refund can be claimed as follow:
Total refund of VAT / CST and interest
VAT refund Rs. 0.70 lacs
Interest refund Rs. 0.10 lacs
Total refund Rs. 0.80 lacs
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Hence, total refund can be claimed of Rs. 80 lacs. In addition to such refund, unit can
also claim subsidy of electricity duty, stamp duty waiver etc.
Scenario 2: If unit LSI unit i.e. investment more than 10 crores
Under the PSI scheme, for unit in D+ zone, the State Government will refund 50% of
total capital investment in the entity, over a period of 7 years. The refund will be given
by way of VAT, CST and Interest subsidy.
Thus, if Rs. 14 crore is capital investment in a D+ zone, the financial incentives available
are as follow:
Capital investment 14 crore
Refund eligible 7 crore in 7 years
eligible refund per year 1 crore
Hence, unit will be eligible to get refund of Rs. 1crore in each year.
In above case, if unit has made purchases of 16 crore and sale of 24 crore. In such case,
VAT paid on purchase @12.5% will be Rs. 2crore and VAT payable @12.5% will be 3
crore on sale. In such case, refund calculation will be as follow:
1) VAT / CST refund Amount (in crore)
(A) VAT collected Rs. 3.00
(B) VAT paid on purchase Rs. 2.00
(C) VAT Paid (A-B) Rs. 1.00
(D) 50% of VAT Paid on purchase Rs. 1.00
VAT eligibility (C + D ) Rs. 2.00
Hence, total VAT eligible for refund will be Rs. 2 crore
Further, unit has taken bank loan and on such bank load paid interest @12% of Rs. 24
lacs. So from such interest only 5% interest is allowed to take refund. Hence, up to Rs. 10
lacs can be taken as refund. In such scenario following amount can be claimed as interest
subsidy:
2) Interest subsidy
Interest paid 10 lacs
Electricity bill 7 lacs
Claimable refund 10 lacs
Based on above working, total maximum refund can be claimed as follow:
Total refund of VAT / CST and interest
VAT refund Rs. 2 crore
Interest refund Rs. 0.10 lacs
Total refund Rs. 1 crore
Hence, total refund can be claimed of Rs. 1 crore. In addition to such refund, unit can
also claim subsidy of electricity duty, stamp duty waiver etc.
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Annexure 1 – classification of Talukas / Areas
1 Group A : Following talukas of districts are under group A zone
District Talukas District Talukas
Greater
Mumbai
Greater Mumbai Pune Pune City, Maval, Haveli@, Bhor @,
Daund @ , Shirur @, Khed @, Mulshi @
Raigad Alibag @, Uran,
Panvel, Karjat@, Khalapur, Pen@,
Roha
Thane Thane Vasai Palghar Kalyan
UlhasnagarAmbernath
2 Group B: Following talukas of districts are under group B zone
District Talukas District Talukas
Thane Dahanu, Murbad Raigad Alibag $, Pen $, Sudhagad
Pune Haveli $, Mulshi $ Nasik Nasik
3 Group C: Following talukas of districts are under group C zone
District Talukas District Talukas
Thane Bhivandi, Shahapur Raigad Karjat $, Mahad, Mangaon, Murud
Ratnagiri Ratnagiri, Chiplun Pune Shirur $, Daund $, Bhor $, Khed $,
Indapur, Baramati, Purandar
Nasik Niphad, Sinnar
4 Group D: Following talukas of districts are under group D zone
District Talukas District Talukas
Raigad Shrivardhan Ratnagiri Khed
Sindhudurg Vengurla Pune Ambegaon, Junnar
Solapur Solapur ( North ),
Pandharpur, Malshiras
Satara Satara, Khandala, Koregaon
Phaltan, Khatav, Karad,
Mahabaleshwar
Sangli Miraj Nasik Dindori, Yeola, Igatpuri
Kolhapur Karveer, Panhala,
Hatkanangale, Shirol
Ahmednag
ar
Nagar, Rahuri, Shrirampur
Newasa, Karjat, Shrigonda
Akola, Sangamner, Kopergaon,
Rahata
Aurangabad Aurangabad
Dhule Dhule Jalgaon Jalgaon, Yawal, Chalisgaon
Amalner, DharangaonNagpur Nagpur City
5 Group D+: Following talukas of districts are under group D+ zone
District Talukas District Talukas
Thane Jawhar, Mokhada,
Talasari, Wada, Vikramgad
Ratnagiri Guhagar, Dapoli, Lanja,
Mandangad, Rajapur,
Sangameshwar
Raigad Poladpur, Mhasala, Tala Sindhudurg Kankavli, Kudal, Sawantwadi
Malvan, Deogad, Vaibhavwadi,
Doda Marg
Pune Velhe Satara Wai, Man, Patan, Jaoli
Solapur Barshi, Akkalkot, Sangli Tasgaon, Khanapur, Atapadi
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Solapur (South), Mohol
Mangalwedhe, Sangole
Karmala, Madha
Jat, KavatheMahaankal, Walwa,
Shirala, Kadegaon,
Palus
Kolhapur Kagal, Gadhinglaj,
Chandgad, Ajra,
Bhudargad, Radhanagari
Bavada, Shahuwadi
Nasik Peth, Surgana, Kalwan,
Baglan, Chandwad,
Nandgaon, Trimbakeshwar
Deola Malegaon
Ahmednagar Shevgaon, Pathardi
Jamkhed, Parner
Dhule Sakri, Shirpur, Shindkheda
Nandurbar Nandurbar, Nawapur
Shahade, Talode, Akrani
Akkalkuva
Jalgaon Chopada, Raver, Edalabad
Bhusawal, Jamner, Pachora
Bhadgaon, Parola, Erandol
Bodwad
Aurangabad Khuldabad, Kannad,
Soegaon, Sillod, Paithan
Gangapur, Vaijapur
Phulambri
Jalna Jalna, Ambad, Jafferabad
Partur, Bhokardan,
Badnapur, Ghangsavangi
Mantha
Beed Beed, Georai, Majalgaon
Ambejogai, Kaij, Patoda
Ashti, Dharur, Parli
Wadavani, Shirur Kasar
Osmanabad Osmanabad, Kalamb, Omerga,
Tuljapur, Paranda
Bhum, Washi, Lohara
Parbhani Parbhani, Jintur, Selu
Gangakhed, Pathri
Palam, Purna, Manawat
Sonpeth
Latur Latur, Ahmedpur, Udgir, Nilanga,
Ausa, Chakur, Deoni, Shirur-
Anantpal, Jalkot, Renapur
Nanded Nanded, Bhokar, Hadgaon,
Kinwat, Biloli, Mahur
Deglur, Mukhed,Kandhar
Loha, Mudkhed, Ardhapur,
Naigaon, Dharmabad,
Umari, Himayatnagar,
Amravati Amravati, Achalpur, Bhatkuli
Nandgaon-Khandeshwar, Chandur
Bazar, Morshi,Warud, Chandur
Rly, Teosa, Daryapur, Anjangaon –
Surji, Chikhaldara, Dharni
Dhamangaon- Rly.
Akola Akola, Barshitakli, Akot
Telhara, Balapur, Patur
Murtijapur
Washim Washim, Malegoan, Risod
Mangrulrpir, Manora, Karanja
Buldhana Buldhana, Chikhali
Shegaon, DeulgaonRaja
Malkapur, Motala, Lonar
Nandura, Jalgaon Jamod
Sangrampur, Khamgaon
Mehkar, Sindakhed–Raja,
Yavatmal Yavatmal, Babhulgaon, Kalamb,
Kelapur, Ralegaon
Ghatanji, Wani, Maregaon
Pusad, Mahagaon, markhed,
Darwaha, Ner, Digras, Arni
Zari-Jamdi
Nagpur Nagpur (R), Kamptee
Hingana, Katol, Narkhed
Savner, Kalmeshwar,
Ramtek, Parseoni, Mauda,
Umred, hiwapur , Kuhi
Bhandara Bhandara, Pauni, Tumsar, Mohadi,
Sakoli, Lakhandur
Lakhani
Gondia Gondia, Goregaon, Tirora,
Arjuni-, Morgaon
Deori, Sadakarjuni,
Amgaon , Salekasa
Wardha Wardha, Deoli, Seloo, Arvi
Karanja, Ashti, Hinganghat
Samudrapur
Chandrapur Chandrapur, Gondpipri, Mul, Warora, Chimur, Bhadravati, Brahmapuri,
Sindewahi, Nagbhid, Rajura, Korpana, Sawali, Pobhurna, Ballarpur, Jiwati
14
6 Group No Industry district: Following districts are under ‘no industry district’
Name of districts: 1) Hingoli 2) Gadchiroli
@: Within MMR $: Outside MMR
Annexure – II : Naxalism affected Talukas
(Government Resolution of Planning DepartmentNo. NAVIKA-2008/C. R. 209/Ka.1416, Dated
31/5/2009 )
Sr.
no.
District Talukas
1. Gadchiroli All Talukas
2. Gondiya All talukas
3. Chanrapur Chandrapur, Gondpipri, Rajura, Korpana, Jiwati, Ballarsha,
Pobhurna, Mul, Sawali
4. Bhandra Sakoli, Lakhandur, Lakhani
5. Yavatmal Pandharkawda, Wani, Zari-Jamdi, Ghatanji, Arni
6. Nanded Kinwat
15
PART – II: Direct Tax benefits available for industry
1 Investment allowance @15% for new manufacturing company for investment
of more than 25 crore in new plant and machinery
 As new section 32 AC tax incentives are provided by way of investment
allowance to encourage huge investment in plant or machinery.
 The deduction under section 32 AC is investment linked.
 Under this new section 32AC, a manufacturing company is entitled to an
investment allowance @ 15% of actual cost of new plant and machinery
acquired and installed during from F.Y. 2014-15 to F.Y. 2016-17, if the actual
cost of new plant and machinery exceeds Rs.25 Crore.
 The benefit of this section is available only to a company and not to any other
assessee.
 Under this section “New Plant or machinery” does not include-
1) Any plant or machinery which before its installation by the assessee was
used either within or outside india by any other person; 2) Any plant or
machinery installed in any office premises or any residential accommodation,
including accommodation in the nature of a guest house; 3) Any office
appliances including computers or computer software; 4) Any vehicle; 5) Ship
or aircraft; or 6) Any plant or machinery, the whole of the actual cost of which
is allowed as deduction (whether by way of deprecation or otherwise ) in
computing the income chargeable under the head “profits and gains of
business or profession’ of any previous year.
 The Investment allowance @15% under this section is in addition to the
depreciation and additional deprecation allowable under section 32(1).
 Further, the investment allowance would not be reduced to arrive at the
written down value of plant and machinery.
 Deduction under section 32 AB is available while computing the business
income under Chapter IV-D of the Act, and therefore the deduction has to be
claimed before arriving at the gross total income and thereafter deduction can
be claimed under sections 80 IA and 80 IC of the Act.
 Minimum lock in period: The new plant and machinery in respect of which
investment allowance has been claimed under section 32 AC of IT Act,1961
cannot be sold or otherwise transferred for a period of five years from the
date of installation
2 Additional Depreciation @20% - sec. 32(1)(iia)
To encourage investment in plant or machinery by the manufacturing and power
sector, additional depreciation of 20% of the cost of new plant or machinery
acquired and installed is allowed under the existing provisions of section
32(1)(iia) of the Act over and above the general depreciation allowance.
16
PART – III: Benefits for SME registered in Micro, Small and Medium
Enterprises (MSME) Act
1 CREDIT LINKED CAPITAL SUBSIDY SCHEME (CLCSS)
 The Central Government is operating its revised scheme for providing subsidy to SSI
Units/ Micro & Small Enterprises for Technology Up gradation known as Credit
Linked Capital Subsidy Scheme (CLCSS)
 Eligibility criteria
o Purchase of machinery after October2011
o MSME registered unit with investment in Plant & Machinery is less than Rs 5
Crores prior to the purchase of the machinery
o Availed Term loan for purchase of the machinery thru Nationalized banks KSFC
o Industry and the machinery are in accordance with the scheme table
 Benefits available
MSME get refund of Rs. 15 lacs or @15% of machinery value
2 Other Benefits to SME registered underMSME Act
SME registered under MSME Act 2006 can avail following benefits:
• If buyer fails to make payment to MSME registered unit within due time be liable for
interest @ 3 times of interest rate as per RBI
• Without collateral security loan up to Rs. 1 crore available
• Marketing, Technology and quality upgradation support from Government
• Reimbursement of ISO certification and credit rating charges
• Preference in procuring government tenders
Informationcontainedherein is of a general natureandis not intendedto address the circumstances of any particular
individual or entity. Although we endeavor to provide accurate andtimely information, there can be no guaranteethat
such information is accurate as of the date it is receivedor that it willcontinueto be accurate in the future. No one
shouldact on such informationwithout appropriate professionaladvice aftera thorough examination of particular
situation.

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Maharashtra Package scheme of incentive

  • 1. 1 “Direct and Indirect Tax benefit For Industries with special Incentive Scheme for Industries in Maharashtra” By Mr. Pathik Shah – CA, LLB 159/4, Smruti building, Jawahar nagar, road no. 2,Goregaon(West), Mumbai-62 TEL: 28737904 / 28788528 MOB: 9870148084 E.MAIL: shahpathik123@gmail.com Contents PART – I: Package Scheme of Incentive - 2013................ 2 PART – II: Direct Tax benefits available for industry...... 15 PART – III: Benefits for SME registered in Micro, Small and Medium Enterprises (MSME) Act........................... 16
  • 2. 2 PART – I: Package Scheme of Incentive - 2013 PREAMBLE- The Maharashtra government has recently declared the new Industrial Policy -2013 (Government resolution no. PSI-2013/CT-54/IND-8) (hereinafter referred as PSI-2013) to ensure sustained industrial growth through various innovative initiatives so as to further improve the conducive industrial climate in the State and to provide global competitive edge to the industries in the State. 1 Applicability of PSI -2013 The PSI -2013 shall remain in operation from the 1st April 2013 up to 31st March,2018. 2 Coverage under the PSI - 2013 The following categories of Eligible Industrial Units in the Private Sector, Co-operative sector, Central Public Sector, State Public Sector/ Joint Sector shall be eligible to be considered for incentives under the PSI- 2013 :- i. Industries listed in the First Schedule of the Industries (Development and Regulation) Act, 1951, as amended from time to time ii. Manufacturing Enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006. (MSMED Act,2006) iii. Information Technology Manufacturing Units registered with the Directorate of Industries or the Maharashtra Industrial Development Corporation (MIDC) or the Development Commissioner, Santacruz Electronic Export Processing Zone (SEEPZ) or Software Technology Parks of India (STPI) in the State. iv. Bio-technology Manufacturing Units as specified by the Government from time to time, which are outside the purview of any registering authority mentioned above. v. Cold Storages vi. Mechanized Food/Agro Processing Industries in the following sectors:  Dairy, Fruit and Vegetable Processing.  Grain Processing.  Fish Processing.  Consumer foods including Packed foods.  Non alcoholic beverages from fruits and vegetables. vii. Central Public Sector Units which satisfy the qualifying criteria as defined in PSI-2013 policy 3 Classification of Areas for PSI-2013: For the purposes of the PSI- 2013, detailed talukawise classification of different areas of the State as Group, A /B/ C/ D/ D + etc., on the basis of their level of industrial development shall be as given in Annexure-I where - i. Group A: Denotes Industrially developed areas
  • 3. 3 ii. Group B: Denotes Areas where some industrial development has taken place, but are less developed than the areas under Group A. iii. Group C: Denotes Areas, which are less developed than those covered under Group B. iv. Group D: Denotes the lesser-developed areas of the State, not covered under Group A/ Group B/ Group C. v. Group D+: Denotes the least developed areas, not covered under Group A/Group B/Group C/Group D. vi. No Industry District: Denotes District having no industries and not covered under Group A / B/ C/ D & D+. vii. Naxalism Affected Area: Denotes Area affected by naxalism, as described in GR No NAVIKA-2008/C.R. 209/Ka. 1416 Dated 31.5.2009 ( Annexure II) 4 Meaning of Micro & Small Manufacturing Enterprises, Medium Manufacturing Enterprises / Large Scale Industries / Mega Projects and Ultra Mega Projects:- Sr. no. Type of enterprise Capital investment (i) Micro, Small and Medium Manufacturing Enterprises (MSME) Up to Rs. 10 crores (ii) Large Scale Industries (LSI) Above Rs. 10 crores (iii)Mega Projects / Ultra Mega Projects: - Industrial Units satisfying the minimum threshold limits of Fixed Capital Investment or Direct Employment prescribed in the following table shall be classified as Mega Projects/ Ultra Mega Projects. Type of unit Taluka / Area classification Minimum Fixed capital investment (Rs. crore) Minimum direct Employment (Nos.) Mega project A & B 750 1,500 C 500 1,000 D & D+ 250 500 No industry district and Naxalism affexted area 100 250 Ultra Mega project Entire state 1,500 3,000 Provided that - a. Mega projects based on employment criteria shall be required to maintain the qualifying direct employment throughout the year and 75% of such employees should be local persons. If the employment criteria is not maintained in any month of the year for which Industrial Promotion Subsidy is claimed, then Industrial Promotion Subsidy shall not be admissible for such year.
  • 4. 4 b. Minimum Direct Employment prescribed in the table above should be created within a period of two years from the date of commercial production. c. The investment in Captive Power Plant shall not be considered for determining the qualifying criteria for eligibility as Mega Project/Ultra Mega Project. 5 Meaning of Capital investment / Fixed Assets The term Fixed Assets shall mean and include: i) Land / area in effective possession for a minimum further period equivalent to sum of Eligibility Period and Operative Period, prescribed under the scheme and as required for the project. ii) Building, i.e. any built-up area used for the Eligible Unit including administrative building, residential quarters, industrial housing and accommodation for all such facilities as are required for the manufacturing processes. iii) Plant and Machinery, i.e. Tools and equipment including handling and haulage equipment or tools as are necessarily required and exclusively used for sustaining the working of the Eligible Unit. iv) The cost of development of the location of the Eligible Unit, such as fencing, construction of roads and other infrastructure facilities which the Eligible Unit has to incur under the project. v) Installation charges and pre-operative expenses capitalized. vi) Technical know-how including cost of drawings and know-how fees. vii) The amount paid to the Electricity Distribution Company for supply of power to the Eligible Unit, or to the Maharashtra Industrial Development Corporation (MIDC) for development of infrastructure for the Eligible Unit, or to any other Government Agency for similar purpose. viii) For Mega Project/Ultra Mega Project – a) The Tooling acquired by the Mega Project / Ultra Mega Project may be located at the premises of various ancillary units of the Mega Project within the State, limited to maximum 40% of the total plant and machinery of the Mega Projects/ Ultra Mega Project . b) If Mega Project / Ultra Mega Project wants to support certain captive process vendors who may put up investment purely and entirely for the purpose of carrying out certain processes in the overall manufacturing process of the Mega Project/ Ultra Mega Project, the investment made by such captive process vendors would also qualify for being counted towards the fixed capital investment of the Mega Project / Ultra Mega Project subject to the following conditions–  Such Mega Project/ Ultra Mega Project shall furnish a list of such captive process vendors which it wants to support.  Such captive process vendors are located in the same industrial area or higher classified Taluka where the Mega Project / Ultra Mega Project Unit is situated (e.g. if the Mega Project is located in B area, then the
  • 5. 5 captive process vendors should be from the same classified area or from C, D, D+ area or No Industry Districts)  Such captive process vendors should be engaged in a part of the manufacturing process (and not components or independent products) of only one Mega Project/ Ultra Mega Project. 6 FINANCIAL INCENTIVES FORMSMEs/LSIs UNDERPSI-2013 6.1. New MSME/LSI Units will eligible for a basket of incentives mentioned in Paras Nos. 6.1 to 6.9 the total quantum of which will be linked to the Fixed Capital Investment. The total quantum of incentives (excluding the incentives at Paras No 6.6 and 6.7) and the Eligibility Period, will be as under : - Taluka / Area Ceiling as % of fixed capital investment No. of years Micro, small and Medium Enterprise LSI Micro, small and Medium Enterprise LSI A --- -- 7 7 B 20 --- 7 7 C 40 30 7 7 D 70 40 10 7 D+ 80 50 10 7 No industry District 90 70 10 7 Naxalism Affected Area 100 80 10 7 Provided that - a) The incentives at Para No. 6.9 will also be available to MSME and Large Scale Units in Group A and B areas as well. b) The total quantum of incentives for the food /agro processing units covered in will be 10% over and above the limits mentioned above and such units will get one more year of eligibility to avail of the incentives. 6.2. Expansion /Diversification Units: Existing/New Micro, Small and Medium Manufacturing Enterprises, LSI (including Manufacturing IT/BT) Units, qualifying as Expansion/Diversification Units, will also be eligible to get the Incentives for Expansion /Diversification, equivalent to 75% of the incentives admissible for New Units. The eligibility period for availing of the incentives will however be reduced by one year in case of Expansion/Diversification Units. Example: For example, if an Eligible New Micro, Small and Medium Manufacturing Enterprise located in D area has obtained EC and its date of commencement of commercial production is
  • 6. 6 09/10/2013, the Eligible unit will be entitled to Industrial Promotion Subsidy, Interest Subsidy, Power Tariff Subsidy, etc all taken together up to a maximum of 70% of its eligible investment for 10 years from 01/11/2013. In addition, the Unit will also be eligible for exemption from payment of Stamp Duty during the Investment period and Electricity Duty exemption for a period of 10 years . If the Unit in above example is an Expansion / Diversification Unit, then the maximum quantum of incentives in the above example will be 52.5% of its eligible investment and the Eligibility period will be 9 years (Except Electricity Duty exemption). 6.3. Industrial Promotion Subsidy (IPS) for MSMEs - (1) The eligible New/Expansion Micro, Small and Medium Manufacturing Enterprises, which are set up in different parts of the State, will be eligible for Industrial Promotion Subsidy (IPS) as follows: Sr. no. Taluka / Area Classification The quantum of Industrial Promotion subsidy every year 1 Naxalism Affected area VAT on local sales minus Input Tax Credit (ITC) or zero whichever is more + CST payable + 100% of ITC 2 No Industries District VAT on local sales minus ITC or zero whichever is more + CST payable + 75% of ITC 3 Entire Vidarbha and Marathwada (Other than Sr. No. 1 & 2.) VAT on local sales minus ITC or zero whichever is more + CST payable + 65% of ITC 4 Group D+ Taluka (Other than Sr.No.1 and 3) VAT on local sales minus ITC or zero whichever is more + CST payable + 50% of ITC 5 Group D Taluka (Other than Sr.No.1and 3) VAT on local sales minus ITC or zero whichever is more + CST payable + 40% of ITC 6 Group C Taluka VAT on local sales minus ITC or zero whichever is more + CST payable + 30% of ITC 7 Group B Taluka VAT on local sales minus ITC or zero whichever is more + CST payable + 20% of ITC 6.4. Industrial Promotion Subsidy for Large Scale Industries - The eligible New/Expansion Large Scale Manufacturing Units, which are set up in different parts of the State, will be eligible for Industrial Promotion Subsidy (IPS) as follows -
  • 7. 7 Sr. No. Taluka/Area Classification The Industrial Promotion Subsidy Every Year 1 Naxalism affected area 100% VAT on local sales minus Input Tax Credit (ITC) or zero whichever is more + CST payable 2 No Industries Districts, Vidarbha and Marathwada 90% VAT on local sales minus ITC or zero whichever is more + CST payable 3 Group D+ Taluka (Other than Sr. No. 1 and 2) 80% VAT on local sales minus ITC or zero whichever is more + CST payable 4 Group D Taluka (Other than Sr. No. 1 & 2) 70% VAT on local sales minus ITC or zero whichever is more + CST payable 5 Group C Taluka 60% VAT on local sales minus ITC or zero whichever is more + CST payable 6.5. Interest Subsidy: All eligible new Micro, Small and Medium Manufacturing Enterprises in areas other than Group“A” will be eligible for interest subsidy. The Interest Subsidy will be payable only on the interest actually paid to the Banks and Public Financial Institutions on the amount of term loans taken for acquisition of Fixed Assets. The amount of interest subsidy will be calculated @ effective rate of interest, after deducting the interest subsidy receivable from any institution or under any Govt. of India Scheme and the penal/compound interest or 5 % per annum, whichever is less. The quantum of interest subsidy payable every year will not exceed the bills paid for electricity consumed during the relevant year. 6.6. Exemption from Electricity Duty - All Eligible New Units in Group C, D, and D+ areas and No-Industry District(s) and Naxalism affected Area will be exempted from payment of Electricity Duty during eligibility period not exceeding 15 years. In Group A and B areas, 100% Export Oriented Units (EOUs), Information Technology Manufacturing Units and Bio-Technology Manufacturing units will also be exempted from payment of Electricity Duty for a period of 7 Years. Necessary Notification under the provisions of the Electricity Duty Act 1958 will be issued separately by the Energy Department. 6.7. Waiver of Stamp Duty New Units as well as Units undertaking Expansion/ Diversification (including Mega and Ultra Mega Projects) will be exempted from payment of Stamp duty during the Investment period in Group “C, D, D+ Talukas, No Industry Districts and Naxalism affected areas. However, in Group A and B areas, stamp duty exemption would be available as given below:
  • 8. 8  BT Manufacturing and IT Manufacturing Units in Public Parks : 100%  BT Manufacturing and IT Manufacturing Units in Private Parks : 75%  Mega Projects - 50% for first conveyance deed only Explanation: Eligible New/Expansion Units of PSI-2007 will also be eligible for Stamp Duty Exemption during their investment period. Necessary Notification under the provisions of the Bombay Stamp Act 1958 will be issued separately by the Revenue & Forest Department. 6.8. Power Tariff Subsidy Eligible New Micro, Small and Medium Enterprises (MSME) will be eligible for power tariff subsidy. The subsidy will be to the tune of Rs 1/- per unit for the Units located in Vidarbha, Marathwada, North Maharashtra and the Districts of Raigad, Ratnagiri and Sindhudurg in Kokan Region and Rs 0.50 per unit for the Units in other areas of the State for a period of 3 years from the date of commencement of commercial production, for the energy consumed and paid. The Units in Group “A” areas will however not be eligible for this incentive. 6.9. Incentives for Strengthening MSMEs and LSIs The followings incentives shall be admissible to the MSMEs and LSIs so as to promote Quality Competitiveness, Research & Development, Technology Upgradation, Water & Energy Conservation, Cleaner Production Measures and Credit Rating - a. New MSMEs and Expansion thereof in all categories of areas will be eligible for following incentives – (i) 5% subsidy on capital equipment for Technology Up –gradation, subject to a maximum of Rs.25 lacs (ii) 75 % subsidy on the expenses incurred on quality certification limited to Rs. 1 Lakh . (iii) 25% subsidy on capital equipment for cleaner production measures ,limited to Rs.5 Lakhs (iv) 75 % subsidy on the expenses incurred on patent registration limited to Rs. 10 Lakh for the National patents and Rs. 20 lakh for the International patents. b. Incentives for Credit Rating of MSMEs in all categories of areas - 75% of the cost of carrying out Credit Rating by Small Industries Development Bank of India/ Government accredited Credit Rating Agency, limited to Rs. 40,000. c. New MSMEs, LSI and Expansion thereof will be eligible for the following incentives in all categories of areas - (i) 75% of cost of water audit limited to Rs. 1.00 lakh. (ii) 75% of cost of energy audit limited to Rs. 2.00 lakh. (iii) 50% of the cost of Capital Equipment under the measures to conserve / recycle water, limited to Rs. 5 lakh
  • 9. 9 (iv) 50% of the cost of Capital Equipment for improving energy Efficiency, limited to Rs. 5 lakh. 6.10. Incentives for Units coming up in Naxalism affected Talukas New/Expansion Units, setting up manufacturing industrial facilities in Naxalism affected Talukas (Annexure – II) and employing at least 75 % local persons from the Naxalism affected areas will be eligible for incentives . 7 Incentives for Mega projects/ Ultra mega projects The quantum of incentives for Mega Projects and Ultra Mega Projects shall be decided by the High Power Committee under the chairmanship of the Chief Secretary, Government of Maharashtra on a case to case basis. However the Cabinet Sub Committee for Industry, under the chairmanship of the Chief Minister of Maharashtra will have the powers to sanction customized package of incentives and even offer special / extra incentives for prestigious Mega Projects / Ultra Mega Projects, on a case to case basis. 8 Yearly cap for the incentives  The amount of incentives to be disbursed to the MSMEs and LSI Units every year will be limited to the total quantum of incentives divided by the number of years as per the applicable Eligibility period with the provision of carrying forward the differential between the actual sanctioned amount for a given year and the yearly disbursement limit.  For Mega Projects/ Ultra Mega Projects, if the E.C. Period is more than 10 years, the yearly limit on disbursement amount shall be equal to 1/10 of the total quantum of incentives or Industrial Promotion Subsidy sanctioned for that year whichever is less. The Carry forward principle will be applicable. The balance quantum of incentives will be allowed to be availed of after 10 years with yearly cap as above. Proportionate quantum of incentives will be calculated for a part of the year. Example 1: If the unit is eligible for the total quantum of Rs.1000 and the E.C. period is 10 years, then actual incentives disbursed to such unit, shall not exceed Rs.100 (1000/10) in a given year even though the amount of total incentives sanctioned for that year is more than Rs. 100. The difference (yearly sanctioned amount minus yearly disbursement limit) can be carried forward for the Subsequent years of E. C. period, such that the actual disbursement of incentives is not more than Rs.100 in any year. Example 2: If the unit is eligible for the total quantum of Rs.1000 and the E.C. period is 10 years, then actual incentive disbursed to such unit, shall not exceed Rs.100 (1000/10) or the incentives sanctioned (say Rs.70) for that year whichever is less ( i.e. Rs.70). The difference (i.e.Rs.30) can be carried forward for the further E. C. period. In the next year, if the total incentives sanctioned are Rs. 140, then the unit will be eligible for disbursement of
  • 10. 10 Rs. 100 (i.e. yearly maximum disbursement limit) and Rs. 30 towards the carried forward amount . 9 Illustration explaining VAT/ CST and interest refund mechanism If any company wants to make investment in Wada which is D+ zone in such case, in following manner refund can be claimed. Scenario 1: If unit MSME unit i.e. investment less than 10 crores Under the PSI scheme, for unit in D+ zone, the State Government will refund 80% of total capital investment in the entity, over a period of 10 years. The refund will be given by way of VAT, CST and Interest subsidy. Thus, if Rs. 10 crore is capital investment in a D+ zone, the financial incentives available are as follow: Capital investment 10 crore Refund eligible 8 crore in 10 years eligible refund per year 0.80 lacs Hence, unit will be eligible to get refund of Rs. 80 lacs in each year. In above case, if unit has made purchases of 1.6 crore and sale of 6.4 crore. In such case, VAT paid on purchase @12.5% will be Rs. 20 lacs and VAT payable @12.55 will be Rs. 80 lacs on sale. In such case, refund calculation will be as follow: 1) VAT / CST refund Amount (in crore) (A) VAT collected Rs. 0.80 (B) VAT paid on purchase Rs. 0.20 (C) VAT Paid (A-B) Rs. 0.60 (D) 50% of VAT Paid on purchase Rs. 0.10 VAT eligibility (C + D ) Rs. 0.70 Hence, total VAT eligible for refund will be Rs. 70 lacs Further, unit has taken bank loan and on such bank load paid interest @12% of Rs. 24 lacs. So from such interest only 5% interest is allowed to take refund. Hence, up to Rs. 10 lacs can be taken as refund. In such scenario following amount can be claimed as interest subsidy: 2) Interest subsidy Interest paid 10 lacs Electricity bill 7 lacs Claimable refund 10 lacs Based on above working, total maximum refund can be claimed as follow: Total refund of VAT / CST and interest VAT refund Rs. 0.70 lacs Interest refund Rs. 0.10 lacs Total refund Rs. 0.80 lacs
  • 11. 11 Hence, total refund can be claimed of Rs. 80 lacs. In addition to such refund, unit can also claim subsidy of electricity duty, stamp duty waiver etc. Scenario 2: If unit LSI unit i.e. investment more than 10 crores Under the PSI scheme, for unit in D+ zone, the State Government will refund 50% of total capital investment in the entity, over a period of 7 years. The refund will be given by way of VAT, CST and Interest subsidy. Thus, if Rs. 14 crore is capital investment in a D+ zone, the financial incentives available are as follow: Capital investment 14 crore Refund eligible 7 crore in 7 years eligible refund per year 1 crore Hence, unit will be eligible to get refund of Rs. 1crore in each year. In above case, if unit has made purchases of 16 crore and sale of 24 crore. In such case, VAT paid on purchase @12.5% will be Rs. 2crore and VAT payable @12.5% will be 3 crore on sale. In such case, refund calculation will be as follow: 1) VAT / CST refund Amount (in crore) (A) VAT collected Rs. 3.00 (B) VAT paid on purchase Rs. 2.00 (C) VAT Paid (A-B) Rs. 1.00 (D) 50% of VAT Paid on purchase Rs. 1.00 VAT eligibility (C + D ) Rs. 2.00 Hence, total VAT eligible for refund will be Rs. 2 crore Further, unit has taken bank loan and on such bank load paid interest @12% of Rs. 24 lacs. So from such interest only 5% interest is allowed to take refund. Hence, up to Rs. 10 lacs can be taken as refund. In such scenario following amount can be claimed as interest subsidy: 2) Interest subsidy Interest paid 10 lacs Electricity bill 7 lacs Claimable refund 10 lacs Based on above working, total maximum refund can be claimed as follow: Total refund of VAT / CST and interest VAT refund Rs. 2 crore Interest refund Rs. 0.10 lacs Total refund Rs. 1 crore Hence, total refund can be claimed of Rs. 1 crore. In addition to such refund, unit can also claim subsidy of electricity duty, stamp duty waiver etc.
  • 12. 12 Annexure 1 – classification of Talukas / Areas 1 Group A : Following talukas of districts are under group A zone District Talukas District Talukas Greater Mumbai Greater Mumbai Pune Pune City, Maval, Haveli@, Bhor @, Daund @ , Shirur @, Khed @, Mulshi @ Raigad Alibag @, Uran, Panvel, Karjat@, Khalapur, Pen@, Roha Thane Thane Vasai Palghar Kalyan UlhasnagarAmbernath 2 Group B: Following talukas of districts are under group B zone District Talukas District Talukas Thane Dahanu, Murbad Raigad Alibag $, Pen $, Sudhagad Pune Haveli $, Mulshi $ Nasik Nasik 3 Group C: Following talukas of districts are under group C zone District Talukas District Talukas Thane Bhivandi, Shahapur Raigad Karjat $, Mahad, Mangaon, Murud Ratnagiri Ratnagiri, Chiplun Pune Shirur $, Daund $, Bhor $, Khed $, Indapur, Baramati, Purandar Nasik Niphad, Sinnar 4 Group D: Following talukas of districts are under group D zone District Talukas District Talukas Raigad Shrivardhan Ratnagiri Khed Sindhudurg Vengurla Pune Ambegaon, Junnar Solapur Solapur ( North ), Pandharpur, Malshiras Satara Satara, Khandala, Koregaon Phaltan, Khatav, Karad, Mahabaleshwar Sangli Miraj Nasik Dindori, Yeola, Igatpuri Kolhapur Karveer, Panhala, Hatkanangale, Shirol Ahmednag ar Nagar, Rahuri, Shrirampur Newasa, Karjat, Shrigonda Akola, Sangamner, Kopergaon, Rahata Aurangabad Aurangabad Dhule Dhule Jalgaon Jalgaon, Yawal, Chalisgaon Amalner, DharangaonNagpur Nagpur City 5 Group D+: Following talukas of districts are under group D+ zone District Talukas District Talukas Thane Jawhar, Mokhada, Talasari, Wada, Vikramgad Ratnagiri Guhagar, Dapoli, Lanja, Mandangad, Rajapur, Sangameshwar Raigad Poladpur, Mhasala, Tala Sindhudurg Kankavli, Kudal, Sawantwadi Malvan, Deogad, Vaibhavwadi, Doda Marg Pune Velhe Satara Wai, Man, Patan, Jaoli Solapur Barshi, Akkalkot, Sangli Tasgaon, Khanapur, Atapadi
  • 13. 13 Solapur (South), Mohol Mangalwedhe, Sangole Karmala, Madha Jat, KavatheMahaankal, Walwa, Shirala, Kadegaon, Palus Kolhapur Kagal, Gadhinglaj, Chandgad, Ajra, Bhudargad, Radhanagari Bavada, Shahuwadi Nasik Peth, Surgana, Kalwan, Baglan, Chandwad, Nandgaon, Trimbakeshwar Deola Malegaon Ahmednagar Shevgaon, Pathardi Jamkhed, Parner Dhule Sakri, Shirpur, Shindkheda Nandurbar Nandurbar, Nawapur Shahade, Talode, Akrani Akkalkuva Jalgaon Chopada, Raver, Edalabad Bhusawal, Jamner, Pachora Bhadgaon, Parola, Erandol Bodwad Aurangabad Khuldabad, Kannad, Soegaon, Sillod, Paithan Gangapur, Vaijapur Phulambri Jalna Jalna, Ambad, Jafferabad Partur, Bhokardan, Badnapur, Ghangsavangi Mantha Beed Beed, Georai, Majalgaon Ambejogai, Kaij, Patoda Ashti, Dharur, Parli Wadavani, Shirur Kasar Osmanabad Osmanabad, Kalamb, Omerga, Tuljapur, Paranda Bhum, Washi, Lohara Parbhani Parbhani, Jintur, Selu Gangakhed, Pathri Palam, Purna, Manawat Sonpeth Latur Latur, Ahmedpur, Udgir, Nilanga, Ausa, Chakur, Deoni, Shirur- Anantpal, Jalkot, Renapur Nanded Nanded, Bhokar, Hadgaon, Kinwat, Biloli, Mahur Deglur, Mukhed,Kandhar Loha, Mudkhed, Ardhapur, Naigaon, Dharmabad, Umari, Himayatnagar, Amravati Amravati, Achalpur, Bhatkuli Nandgaon-Khandeshwar, Chandur Bazar, Morshi,Warud, Chandur Rly, Teosa, Daryapur, Anjangaon – Surji, Chikhaldara, Dharni Dhamangaon- Rly. Akola Akola, Barshitakli, Akot Telhara, Balapur, Patur Murtijapur Washim Washim, Malegoan, Risod Mangrulrpir, Manora, Karanja Buldhana Buldhana, Chikhali Shegaon, DeulgaonRaja Malkapur, Motala, Lonar Nandura, Jalgaon Jamod Sangrampur, Khamgaon Mehkar, Sindakhed–Raja, Yavatmal Yavatmal, Babhulgaon, Kalamb, Kelapur, Ralegaon Ghatanji, Wani, Maregaon Pusad, Mahagaon, markhed, Darwaha, Ner, Digras, Arni Zari-Jamdi Nagpur Nagpur (R), Kamptee Hingana, Katol, Narkhed Savner, Kalmeshwar, Ramtek, Parseoni, Mauda, Umred, hiwapur , Kuhi Bhandara Bhandara, Pauni, Tumsar, Mohadi, Sakoli, Lakhandur Lakhani Gondia Gondia, Goregaon, Tirora, Arjuni-, Morgaon Deori, Sadakarjuni, Amgaon , Salekasa Wardha Wardha, Deoli, Seloo, Arvi Karanja, Ashti, Hinganghat Samudrapur Chandrapur Chandrapur, Gondpipri, Mul, Warora, Chimur, Bhadravati, Brahmapuri, Sindewahi, Nagbhid, Rajura, Korpana, Sawali, Pobhurna, Ballarpur, Jiwati
  • 14. 14 6 Group No Industry district: Following districts are under ‘no industry district’ Name of districts: 1) Hingoli 2) Gadchiroli @: Within MMR $: Outside MMR Annexure – II : Naxalism affected Talukas (Government Resolution of Planning DepartmentNo. NAVIKA-2008/C. R. 209/Ka.1416, Dated 31/5/2009 ) Sr. no. District Talukas 1. Gadchiroli All Talukas 2. Gondiya All talukas 3. Chanrapur Chandrapur, Gondpipri, Rajura, Korpana, Jiwati, Ballarsha, Pobhurna, Mul, Sawali 4. Bhandra Sakoli, Lakhandur, Lakhani 5. Yavatmal Pandharkawda, Wani, Zari-Jamdi, Ghatanji, Arni 6. Nanded Kinwat
  • 15. 15 PART – II: Direct Tax benefits available for industry 1 Investment allowance @15% for new manufacturing company for investment of more than 25 crore in new plant and machinery  As new section 32 AC tax incentives are provided by way of investment allowance to encourage huge investment in plant or machinery.  The deduction under section 32 AC is investment linked.  Under this new section 32AC, a manufacturing company is entitled to an investment allowance @ 15% of actual cost of new plant and machinery acquired and installed during from F.Y. 2014-15 to F.Y. 2016-17, if the actual cost of new plant and machinery exceeds Rs.25 Crore.  The benefit of this section is available only to a company and not to any other assessee.  Under this section “New Plant or machinery” does not include- 1) Any plant or machinery which before its installation by the assessee was used either within or outside india by any other person; 2) Any plant or machinery installed in any office premises or any residential accommodation, including accommodation in the nature of a guest house; 3) Any office appliances including computers or computer software; 4) Any vehicle; 5) Ship or aircraft; or 6) Any plant or machinery, the whole of the actual cost of which is allowed as deduction (whether by way of deprecation or otherwise ) in computing the income chargeable under the head “profits and gains of business or profession’ of any previous year.  The Investment allowance @15% under this section is in addition to the depreciation and additional deprecation allowable under section 32(1).  Further, the investment allowance would not be reduced to arrive at the written down value of plant and machinery.  Deduction under section 32 AB is available while computing the business income under Chapter IV-D of the Act, and therefore the deduction has to be claimed before arriving at the gross total income and thereafter deduction can be claimed under sections 80 IA and 80 IC of the Act.  Minimum lock in period: The new plant and machinery in respect of which investment allowance has been claimed under section 32 AC of IT Act,1961 cannot be sold or otherwise transferred for a period of five years from the date of installation 2 Additional Depreciation @20% - sec. 32(1)(iia) To encourage investment in plant or machinery by the manufacturing and power sector, additional depreciation of 20% of the cost of new plant or machinery acquired and installed is allowed under the existing provisions of section 32(1)(iia) of the Act over and above the general depreciation allowance.
  • 16. 16 PART – III: Benefits for SME registered in Micro, Small and Medium Enterprises (MSME) Act 1 CREDIT LINKED CAPITAL SUBSIDY SCHEME (CLCSS)  The Central Government is operating its revised scheme for providing subsidy to SSI Units/ Micro & Small Enterprises for Technology Up gradation known as Credit Linked Capital Subsidy Scheme (CLCSS)  Eligibility criteria o Purchase of machinery after October2011 o MSME registered unit with investment in Plant & Machinery is less than Rs 5 Crores prior to the purchase of the machinery o Availed Term loan for purchase of the machinery thru Nationalized banks KSFC o Industry and the machinery are in accordance with the scheme table  Benefits available MSME get refund of Rs. 15 lacs or @15% of machinery value 2 Other Benefits to SME registered underMSME Act SME registered under MSME Act 2006 can avail following benefits: • If buyer fails to make payment to MSME registered unit within due time be liable for interest @ 3 times of interest rate as per RBI • Without collateral security loan up to Rs. 1 crore available • Marketing, Technology and quality upgradation support from Government • Reimbursement of ISO certification and credit rating charges • Preference in procuring government tenders Informationcontainedherein is of a general natureandis not intendedto address the circumstances of any particular individual or entity. Although we endeavor to provide accurate andtimely information, there can be no guaranteethat such information is accurate as of the date it is receivedor that it willcontinueto be accurate in the future. No one shouldact on such informationwithout appropriate professionaladvice aftera thorough examination of particular situation.