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of <h1>Court sets aside order, grants transfer approval; remands for fresh consideration due to alleged violations. Respondents to reassess.</h1> The court set aside the impugned order, finding it baseless and issued without proper consideration. The court noted approval for the transfer of the ... Eligibility for interest free sales tax deferral benefit - natural justice - deferral benefit passed on to M/s.Bilt Industrial Packaging Company Limited (BIPCO) along with the unit - whether Eligibility Certificate originally granted to M/s.Servall Paper Board Limited was co-extendable to the subsequent buyers? - Held that: - When the 2nd Respondent by proceedings 8.12.2003 granted approval to the transfer of the deferral facility, the finding of the 1st Respondent in the impugned order that the Petitioner is not entitled to such facility is baseless. Even after cancellation of the the registration certificates, a direction was given to include the turnovers of the Unit, while passing final assessment order. Further, the 1st Respondent without issuing any prior notice and looking into the GOs, the registration certificates and without considering the records and the agreement and the returns filed by the Petitioners, passed the impugned order, without any basis - matter on remand with regard to the violation of the conditions in respect of the products manufactured other than the one so specified and converted the same into a different commercial commodity in some other forms by the Petitioner - petition allowed by way of remand. Issues Involved:1. Eligibility for Interest-Free Sales Tax (IFST) deferral benefit.2. Jurisdiction and authority of the impugned notice.3. Violation of principles of natural justice.4. Validity of transfer and approval of deferral benefits.5. Alleged violations in product manufacturing.Detailed Analysis:1. Eligibility for Interest-Free Sales Tax (IFST) Deferral Benefit:The petitioner, engaged in the manufacture and sale of paper boards, was initially granted an IFST deferral benefit through an Eligibility Certificate dated 1.6.2000, for a period of 10 years from 1.8.1997 to 31.07.2007. This benefit was initially granted to M/s. Servall Paper Board Limited and later transferred to M/s. Bilt Industrial Packaging Company Ltd. (BIPCO) and subsequently to the petitioner. The petitioner claimed entitlement to this benefit based on the transfer approvals and agreements entered into with the relevant authorities.2. Jurisdiction and Authority of the Impugned Notice:The petitioner argued that the impugned notice dated 9.10.2006, which declared the petitioner ineligible for the IFST deferral benefit and demanded repayment, was issued without jurisdiction. The petitioner contended that the notice was contrary to the terms of G.O.Ms.No.43, Industries (MIG II) Department, dated 13.12.1992, G.O.Ms.No.31, Industries (MIFI) Department, dated 6.2.2003, and the agreement dated 27.5.2004. The petitioner emphasized that the Eligibility Certificate dated 8.12.2003 was conclusive and binding.3. Violation of Principles of Natural Justice:The petitioner claimed that the impugned proceedings violated the principles of natural justice as they were issued without prior notice or an opportunity for the petitioner to present their case. The petitioner highlighted that the approval for the transfer of the deferral benefit from BIPCO to the petitioner was granted by the 2nd Respondent on 8.12.2003, which should have been recognized as an eligibility certificate.4. Validity of Transfer and Approval of Deferral Benefits:The respondents argued that the original Eligibility Certificate was not co-extendable to subsequent buyers, and no proper approval was granted for the transfer of the deferral facility. They contended that the deferral scheme was applicable only to M/s. Servall Paper Board Limited and that BIPCO had no right to transfer the Eligibility Certificate without government concurrence. The respondents also stated that the machinery and conditions had significantly changed, making the original certificate inapplicable.5. Alleged Violations in Product Manufacturing:The respondents alleged that the petitioner violated the conditions of the deferral scheme by manufacturing products other than those specified in the eligibility certificate and converting them into different commercial commodities. They argued that the petitioner was not eligible for the deferral benefit due to these violations and that the agreement entered into with the petitioner was void ab initio.Conclusion:The court set aside the impugned order, finding that the 1st Respondent's decision was baseless and issued without proper consideration of the relevant documents, GOs, and agreements. The court noted that the 2nd Respondent had granted approval for the transfer of the deferral facility on 8.12.2003, and the petitioner's subsequent registration and filings were in accordance with this approval. However, due to allegations of violations in product manufacturing, the court remanded the matter back to the respondents for fresh consideration. The respondents were directed to redo the entire assessment based on the documents produced, after giving the petitioner sufficient opportunity, within six weeks from the date of receipt of the court's order. The writ petition was disposed of with no costs, and the connected miscellaneous petitions were closed.
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