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 order cancelling the exemption certificate and denying sales tax exemption on purchase of raw materials could stand when the Industries Department had already decided that the petitioner was entitled to exemption and the Industrial Policy made that decision final.
Analysis: The Industrial Policy, 1995 contemplated that if any doubt arose, the matter would be referred to the Industries Department and the decision of the Commissioner-cum-Secretary, Department of Industries would be final. The prior departmental decision had held that the petitioner was entitled to exemption. The impugned order was found to have been passed without considering that binding decision and without complying with the earlier direction of the Division Bench requiring reconsideration in that light. Since the statutory policy framework required the tax authority to act consistently with the departmental determination, the order could not be sustained.
Conclusion: The cancellation order was quashed and the matter was remitted to the Deputy Commissioner, Commercial Taxes to pass a fresh order in accordance with the Industries Department's decision and the Court's observations.
Final Conclusion: The petitioner obtained quashing of the impugned order and a direction for reconsideration, with interim protection against coercive action.
Ratio Decidendi: Where an industrial policy makes the Industries Department's decision final on entitlement to exemption, the taxing authority must give effect to that decision and cannot ignore it while deciding cancellation or denial of the exemption.