Preamble
Andhra Pradesh Small Scale Industries (Restriction on Salestax Holiday) (Amendment) Act, 1996*
| [Andhra Pradesh Act No. 18 of 1996] | [26th August, 1996] |
An Act to amend the Andhra Pradesh Small Scale Industrices (Restriction on Sales Tax Holiday) Act, 1995.
Whereas the Honourable High Court of Andhra Pradesh in Writ petition No. 2031 of 1994 and batch dated the 5th day of April, 1995 held that the Oil Industries are also eligible for grant of incentives under the Andhra Pradesh Small Scale Industries (Restriction of Sales Tax Holiday) Act, 1995 on the ground that the orders issued in G.O.Ms. No. 498 Industries and Commerce (IA) Department dated the 16th October, 1989 and in G.O.Ms. No. 146, Industries and Commerce (IA) Department dated the 25th April, 1991 are deemed to have been superceded on the commencement of the said Act:
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty seventh Year of the Republic of India.
Section 1. Short title
1. Short title.- This Act may be called the Andhra Pradesh Small Scale Industries (Restriction on Sales Tax Holiday) (Amendment) Act, 1996.
Section 2. Amendment of the preamble
2. Amendment of the preamble.- In the Andhra Pradesh Small Scale Industries. (Restriction on Sales Tax Holiday) Act, 1995 (Act 14 of 1995) (hereinafter referred to as the principal Act), to paragraph 10, the following shall be added, namely:-
"and also amount to allow the ineligible Small Scale Industries specified under Annexure to G.O.Ms. No. 146, Industries and Commerce (IA) Department, dated the 25th April, 1991 for availing the incentives.".
Section 3. Amendment of section-1
3. Amendment of section-1.- In section-1 of the principal Act, for sub-section (2) the following shall be substituted, namely:-
"(2) it shall be deemed to have come into force on the 3rd October, 1989."
Section 4. Amendment of section-2
4. Amendment of section-2.- For section-2 of the principal Act, the following shall be substituted, namely:-
"2. "Restriction on Sales Tax Holiday".- Notwithstanding the restrictions specified under para 3B of the G.O.Ms. No. 498, Industries and Commerce (IA) Department, dated the 16th October, 1989, or anything contained in any judgment, decree or order of any Court, Tribunal or other authority or any order to the contrary, the Small Scale Industries which complied with the conditions stipulated in G.O.Ms. No. 498, Industries and commerce (IA) department dated the 16th October, 1989 and Government Memo No. 2125/IA/89-1, dated the 15th September, 1990, shall be entitled to a Sales Tax Holiday limited to 100 of the fixed capital investment or Rs. 35.00 lakhs (Rupees Thirty five lakhs) whichever is less, for a period of five years in respect of the Small Scale Industries set up on or after 3rd October, 1989 and go into commercial production before the 31st March, 1995 in the State of Andhra Pradesh except the Industries specified in the Annexure to the G.O.Ms. No. 498, Industries and Commerce Department, dated the 16th October, 1989 and the industries located in the Municipal Corporation limits of Hyderabad, Vishakapatnam and Vijayawada."
Section 5. Repeal of Ordinance 14 of 1996
5. Repeal of Ordinance 14 of 1996.- The Andhra Pradesh Small Scale Industries (Restriction on Sales Tax Holiday) (Second Amendment) Ordinance, 1996 is hereby repealed.