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Issues: Whether tax paid during the period between commencement of production under the expansion project and grant of the final eligibility certificate was liable to be adjusted against future sales tax dues under the incentive scheme.
Analysis: The incentive under G.O. Ms. No. 108 treated an expanded unit, for the enhanced turnover, on the same footing as a new unit for the purpose of sales tax deferment or exemption. G.O. Ms. No. 18 permitted adjustment of sales tax paid during the intervening period pending final eligibility certification, and that mechanism was not confined only to newly established units. The absence of a temporary eligibility certificate in expansion cases did not defeat the claim, because the period before issuance of the final eligibility certificate could still be treated as the relevant intervening period for adjustment. The purpose of the scheme was to grant breathing time to industrial units, and the claimed adjustment was consistent with that object.
Conclusion: The claim for adjustment was not accepted; the writ petition failed.