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    <title>1995 (2) TMI 421 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>An exemption scheme for newly set up small-scale industries required hired, leased, rented or loaned plant and machinery to be procured only from the West Bengal Small Industries Corporation or the National Small Industries Corporation. That source restriction was treated as a mandatory eligibility condition, strictly construed at the threshold of entry into the tax-holiday scheme, and it was held not to be arbitrary. A unit that failed to satisfy the ownership or source requirement at the commencement of production could not cure the defect later by subsequently becoming owner of the machinery. Eligibility had to exist at inception, so later compliance did not create retrospective entitlement to an eligibility certificate.</description>
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      <link>https://www.taxtmi.com/caselaws?id=158563</link>
      <description>An exemption scheme for newly set up small-scale industries required hired, leased, rented or loaned plant and machinery to be procured only from the West Bengal Small Industries Corporation or the National Small Industries Corporation. That source restriction was treated as a mandatory eligibility condition, strictly construed at the threshold of entry into the tax-holiday scheme, and it was held not to be arbitrary. A unit that failed to satisfy the ownership or source requirement at the commencement of production could not cure the defect later by subsequently becoming owner of the machinery. Eligibility had to exist at inception, so later compliance did not create retrospective entitlement to an eligibility certificate.</description>
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