https://www.taxtmi.com/caselaws?id=268815 Naptha purchased under Form No. 26/40 was held to have been used entirely in the assessee's own manufacturing process for generating electricity for its unit. The steam used in the second turbine was only a waste by-product of that process, and the limited wheeling of electricity to a sister concern did not amount to diversion of naptha for any non-qualifying purpose. On those facts, there was no breach of the incentive conditions, so purchase tax, interest and penalty under the Gujarat Sales Tax Act were not justified. The Tribunal's findings were factual, not shown to be perverse, and no substantial question of law arose for interference. en-us Fri, 04 Sep 2015 00:00:00 +0530 Wed, 20 Jul 2016 15:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=268815 Naptha purchased under Form No. 26/40 was held to have been used entirely in the assessee's own manufacturing process for generating electricity for its unit. The steam used in the second turbine was only a waste by-product of that process, and the limited wheeling of electricity to a sister concern did not amount to diversion of naptha for any non-qualifying purpose. On those facts, there was no breach of the incentive conditions, so purchase tax, interest and penalty under the Gujarat Sales Tax Act were not justified. The Tribunal's findings were factual, not shown to be perverse, and no substantial question of law arose for interference. Case-Laws VAT and Sales Tax Fri, 04 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=268815