Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the petitioners were entitled to exemption under section 4-A of the U.P. Sales Tax Act from the date on which the lease deed was later registered, and whether the refusal of exemption for the relevant period was sustainable.
Analysis: The dispute turned on the requirement that, where the industrial unit is established on rented premises, the lease must satisfy the statutory condition of duration and effectiveness. Reference was made to section 107 of the Transfer of Property Act and to the object of section 4-A of the U.P. Sales Tax Act, namely promotion of industrial growth. The proviso governing units which fulfil the prescribed conditions after commencement of the notified period makes such a unit eligible to be treated as a new unit only for the remaining part of the exemption period, computed from the date on which all statutory conditions are fulfilled. Since the lease was admittedly registered on 6 August 1991, the statutory condition stood satisfied from that date.
Conclusion: The petitioners were entitled to the benefit of section 4-A of the U.P. Sales Tax Act with effect from 6 August 1991, and the orders rejecting the claim were set aside.
Ratio Decidendi: Where the statutory conditions for exemption under section 4-A are fulfilled after the commencement of the notified period, the unit becomes entitled to exemption only from the date of fulfilment of those conditions and for the remaining part of the notified period.