<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2003 (7) TMI 672 - JHARKHAND HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=162264</link>
    <description>Incentive notifications under the Industrial Policy, 1995 were construed purposively, and entitlement to sales tax exemption was held to arise where the unit had exclusive ownership of the factory building even without ownership of the underlying land. The Court also held that the writ petition was maintainable despite the Bihar Finance Act, 1981, because the revisional power under section 46 was treated as a suo motu power of the Commissioner, not a remedy available as of right, and the dispute turned on interpretation of the policy on largely undisputed facts. The exemption claim was upheld, the adverse order was set aside, and the refundable tax amount was directed to be adjusted against future liability.</description>
    <language>en-us</language>
    <pubDate>Thu, 31 Jul 2003 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 21 Feb 2014 17:13:25 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=346800" rel="self" type="application/rss+xml"/>
    <item>
      <title>2003 (7) TMI 672 - JHARKHAND HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=162264</link>
      <description>Incentive notifications under the Industrial Policy, 1995 were construed purposively, and entitlement to sales tax exemption was held to arise where the unit had exclusive ownership of the factory building even without ownership of the underlying land. The Court also held that the writ petition was maintainable despite the Bihar Finance Act, 1981, because the revisional power under section 46 was treated as a suo motu power of the Commissioner, not a remedy available as of right, and the dispute turned on interpretation of the policy on largely undisputed facts. The exemption claim was upheld, the adverse order was set aside, and the refundable tax amount was directed to be adjusted against future liability.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Thu, 31 Jul 2003 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=162264</guid>
    </item>
  </channel>
</rss>