1990 (2) TMI 290

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y certificate for the period January 24, 1981 to June 30, 1981. Thereafter the eligibility certificate was renewed for the year ended June 30, 1982. The applicant again applied for renewal on March 24, 1983 for another year ended June 30, 1983. This prayer for renewal for the period ending June, 1983 was rejected by the Assistant Commissioner by his order dated November 9, 1984. The applicant thereupon moved a revisional application before the Additional Commissioner who passed order dated May 22, 1989, who also rejected the prayer for renewal, but on somewhat different considerations. Thereupon the applicant has preferred the present application. Heard learned Advocate for the applicant and the learned State Representative. The scope of t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng their own product. Provision contained under rule 3(66) of the Bengal Sales Tax Rules, 1941, gives incentive to the newly set up industries and the purpose of such provision was to give concession to new industries by way of tax holiday for some time so that the industries could go on and ultimately could establish in the market and pay revenue to the Government in the long run. The object of the said provision was that the eligibility certificate should not be renewed if anything is done which adversely affects the economic viability of the newly set up industries. In the instant case the industry ran at a loss for four consecutive years from 1981-82 to 1984-85 and thereafter almost during the last three years the unit has ceased to man....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in 1989 found that the object of getting some revenue in future has been frustrated or that the applicant after the period 1985 has practically ceased to manufacture and sell any product of its own cannot furnish any ground for refusing the renewal of eligibility certificate for the period 1982-83 which alone was under consideration of the Assistant Commissioner and thereafter the Additional Commissioner. There is no finding either by the Assistant Commissioner or by the Additional Commissioner that the applicant had done something or has failed to do something which he should have done which resulted in disturbing the economic viability of the industry. In the absence of such a finding a casual averment that it is not economically viable ....