1996 (8) TMI 501 - AT - VAT and Sales Tax

Transferee-firm entitled to tax remission like transferor under Rajasthan Sales Tax Act

The Tribunal held that a transferee-firm could avail itself of the benefit of remission of tax on raw material under section 5CC of the Rajasthan Sales ... - Issues:- Interpretation of section 5CC of the Rajasthan Sales Tax Act, 1954 regarding remission of tax on raw material for a specific period.- Whether a transferee-firm can avail itself of the benefit of remission of tax on raw material in the same way as the transferor-firm.Analysis:The judgment of the Appellate Tribunal Rajasthan Taxation Tribunal involved seven revision petitions transferred from the Rajasthan High Court. The case revolved around the interpretation of section 5CC of the Rajasthan Sales Tax Act, 1954, concerning the remission of tax on raw material for a specific period. The specific case discussed was about a manufacturing unit owned by M/s. Sanjay Textiles, which transferred to a respondent-firm entitled to the benefit of remission of tax under section 5CC. The issue was whether the transferee-firm could continue to avail the benefit in the same manner as the transferor-firm.The Tribunal examined the facts and legal provisions in detail. The key contention was whether the transferee-firm could avail itself of the benefit of section 5CC after the transfer of the manufacturing unit. The petitioner argued that the benefit should only apply if the transfer occurred after a specific date mentioned in a notification. On the other hand, the respondent argued that the transferee-firm should inherit the benefits of the transferor-firm. The Tribunal considered the facts, including the period of commissioning the manufacturing unit and the continuity of the benefit.The Tribunal referred to previous decisions of the Rajasthan High Court to analyze the legal position. It discussed cases where the Court distinguished between different legal entities like proprietary firms and partnership firms. The Tribunal highlighted that the present case involved the transfer of a manufacturing unit before the expiry of the benefit period, emphasizing the continuity of the unit's operations. Ultimately, the Tribunal upheld the orders in favor of the respondent-firm, dismissing the revision petitions.In conclusion, the Tribunal's judgment clarified that a transferee-firm could indeed avail itself of the benefit of remission of tax on raw material under section 5CC in the same manner as the transferor-firm. The decision was based on the continuity of operations and the nature of the manufacturing unit, emphasizing the legal interpretation of the relevant provisions and previous court decisions.