89.  Grant of Certificate of Entitlement

(1) Where an Eligibility Certificate has been recommended to an Eligible Unit by the implementing agency under any of the Package Scheme of Incentives declared by the State Government, such Eligible Unit may apply for grant of 1[Certificate of Entitlement or, as the case may be, Identification Certificate] to the Commissioner.

(2)  Subject to the provisions of this Act, and any rules that may be made in this behalf, the Commissioner shall, if the Eligible Unit satisfies such further requirements as may be prescribed, 2[issue, subject to such conditions, as may be prescribed, to the unit a Certificate of Entitlement].

(3) The invoice issued by a dealer, spceified in sub-section (3A), shall contain a prescribed declartion in respect of the goods other than declared goods, covered by the Eligiblity Certificate.

(3A) The restrictions specified in sub-section (3) shall be applicable to the following,-

(i) the mega unit or, as the case may be, the ultra Mega Unit, holding a valid Identification Certificate;
(ii) the Very Large Unit or, as the case may be,the Mega Unit, holding a Certificate of Entitlement, availing incentives by way of deferment of payment of tax under the Package Scheme of Incentives, 1993 ;
(iii) the immediate purchaser or, as the case may be, the subsequent purchasers, purchasing goods, originally manufactured by the dealers mentioned in clauses (i) and (ii).

(4) Where the dealer mentioned in sub-section (3A) fails to incorporate the prescribed declaration applicable to him, the Commissioner shall, after giving a reasonable opportunity of being heard, by order in writing impose upon him, in addition to any tax payable by him, a penalty equal to the amount of tax contained in the said invoice.