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 assessee was entitled to partial exemption under the notification dated 6 May 1986 issued under section 8(5) of the Central Sales Tax Act, 1956, and whether the expression "relevant industry" in that notification had to be confined to white cement manufacturers or could extend to other cement manufacturers.
Analysis: The binding Division Bench decision in the assessee's own case had already construed "relevant industry" in its common parlance sense, namely the industry manufacturing the same goods as those manufactured by the assessee. On that approach, the comparison for computing the average percentage had to be made only with other white cement manufacturers and not with manufacturers of portland or grey cement. Since that decision had been affirmed by the Supreme Court, the authorities below were bound to apply the same interpretation for the present assessment year.
Conclusion: The assessee was entitled to the benefit of the notification, and the assessing authority was required to compute partial exemption only by reference to white cement manufacturers, excluding portland and grey cement manufacturers.