IV. On the other hand, petitioner issued Form No.25D to the SSI unit which is the Form prescribed under Section 5(2) of the KGST Act for the dealer making sales to the brand name holder to claim exemption. Clause 6 of the notification above clearly indicates that but for Form No.25D issued the selling SSI unit would have been entitled to concessional rate of tax at 8% as against the Schedule rate of 12%. Even though counsel for the petitioner contended that the object of Entry 11 is to grant the same concessional rate of tax available to SSI unit to the brand name holder also, we are unable to accept this contention because concessional rate is available for the brand name holder purchasing and selling goods from SSI units only if the manufacturing SSI unit was enjoying sales tax exemption under SRO 1729/93. In other words, when the SSI unit ceased to be entitled to sales tax exemption, the concessional rate will not be available under the above notification to the brand name holder who purchases and sells the goods under brand name making them liable for payment of tax under Section 5(2) of the Act.
