1993 (10) TMI 334

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....les Tax Concessions) Act, 1986, that is Assam Act 1 of 1987, for short "the 1987 Act". By one of the amendments section 3B was introduced in the Act. This provision enables the State Government by notification to grant exemption to dealers in respect of sales of goods produced by the dealer in any new industrial unit for a period of five years from the date of commencement of the production in the unit. The State Government published Notification No. FTX. 28/77/Pt. II/40 in the Assam Gazette, Extraordinary dated August 1, 1988, directing that no dealer shall be liable to pay tax under the Act in respect of sales of goods produced by him in any new industrial unit in Assam for a period of five years from the date of commencement of productio....

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....er this Act by a dealer on his turnover in so far as the turnover or any part thereof relates to the sale of any goods, the sale or, as the case may be, the purchase of which is, under the sales tax law of the appropriate State, exempt from tax generally or subject to tax generally at a rate which is lower than four per cent (whether called a tax or fee or by any other name), shall be nil or, as the case may be, shall be calculated at the lower rate. Explanation.-For the purposes of this sub-section a sale or purchase of any goods shall not be deemed to be exempt from tax generally under the sales tax law of the appropriate State if under that law the sale or purchase of such goods is exempt only in specified circumstances or under specifi....