2006 (5) TMI 466

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....ubject to the conditions mentioned therein. The said notification required the unit concerned to issue declaration in form ST-17; and in terms of the said notification, the units having fixed capital investment of Rs. 15 crores or more were entitled to 100 per cent exemption of tax; and the units having investment between Rs. 5 crores to less than Rs. 15 crores were eligible for 50 per cent exemption. The learned Commercial Taxes Officer, Anti-Evasion, found that the petitioner was entitled only to 50 per cent exemption and yet proceeded to obtain 100 per cent tax exemption and the attempt to obtain such illegal advantages was in direct violation of the requirements of the Act. It appears from the statement of facts that provisional asse....

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....rd which have been admitted on April 10, 2006 but the prayer for interim relief has been refused. Having heard learned counsel for the parties and having perused the material placed on record and having examined the impugned orders dated April 10, 2006, this court is clearly of opinion that neither the orders aforesaid in relation to the prayer for interim relief could be sustained nor the approach of the learned members of the Board could be appreciated. From undisputed factual matrix it is evident that the matter of imposition of penalty was taken up in pursuance of the order passed by the Commissioner under section 87 of the Act; and even the challenge to the said order under section 87 of the Act remains pending before the Tax Board.....