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    <title>1993 (11) TMI 220 - ALLAHABAD HIGH COURT</title>
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    <description>Section 4-A(5)(c) of the U.P. Sales Tax Act, 1948 was construed in light of the incentive scheme&#039;s object of promoting new industries. The court reasoned that exemption conditions are not invariably mandatory and must be read with the statute&#039;s purpose and practical consequences. Requiring immediate registration under the Factories Act, 1948 was treated as an unreasonable barrier where delay was beyond the unit&#039;s control and would undermine the exemption policy. The registration requirement was therefore treated as a safeguard to verify genuineness, not a rigid precondition. On that basis, clause (c) was held directory and exemption was available from the date of first sale.</description>
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    <pubDate>Thu, 11 Nov 1993 00:00:00 +0530</pubDate>
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      <title>1993 (11) TMI 220 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=157897</link>
      <description>Section 4-A(5)(c) of the U.P. Sales Tax Act, 1948 was construed in light of the incentive scheme&#039;s object of promoting new industries. The court reasoned that exemption conditions are not invariably mandatory and must be read with the statute&#039;s purpose and practical consequences. Requiring immediate registration under the Factories Act, 1948 was treated as an unreasonable barrier where delay was beyond the unit&#039;s control and would undermine the exemption policy. The registration requirement was therefore treated as a safeguard to verify genuineness, not a rigid precondition. On that basis, clause (c) was held directory and exemption was available from the date of first sale.</description>
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      <pubDate>Thu, 11 Nov 1993 00:00:00 +0530</pubDate>
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