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2000 (5) TMI 1044

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....ved which gave exemption in respect of tax payable under the Kerala General Sales Tax Act, 1963 by new industrial units under the small-scale industries and existing industrial units which effects diversification/expansion/modernisation on the turnover of sale of goods manufactured and sold by such units and on the turnover of goods taxable at the point of last purchase in the State and used by su....

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....e included for exemption as it is specifically mentioned that it will be equal to the "full cost of plant and machinery only". In other words an interpretation was taken that, value of the vehicle cannot be included for getting exemption as it is not part of plant and machinery. Government order was clarified by Government Circular dated October 25, 1990 where Government clarified how value of ....

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.... to the full cost of plant and machinery and plant and machinery is considered in paragraph IV(c) as extracted above. Therefore, contention of the petitioner is that petitioner is entitled to the benefit of the S.R.O. in view of the circular issued by the Government clarifying the S.R.O. by the Government itself. It is not disputed that S.R.O. circular issued by the Government is binding on the Go....

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....iew of the denial of exemption. All the demands pursuance to exhibits P7 and P9 shall be kept in abeyance till new orders are passed as directed, by the General Manager. In O.P. No. 4764 of 2000 it is also contended that in view of the circular the car was seized. The above car also may be released to the petitioner on execution of a bond that he will pay the demand if any after passing the order ....