2010 (4) TMI 988

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... terms of G.O. Ms. No. 500, Industries (MIG II) Department dated May 14, 1990, the petitioner sought for interest-free sales tax for the expanded unit. The third respondent accordingly granted the eligibility certificate on deferral of sales tax on March 30, 1995 for a period of five years from December 1, 1994 to November 30, 1999 repayable between December 1, 1999 and November 30, 2004. It is stated that the commercial production with reference to the expanded unit commenced in December, 1994. Having regard to the incremental investment of Rs. 281.95 lakhs in the unit, the expanded unit of the petitioner also went in for additional deferral benefit for nine years. In the meantime, the petitioner went in for further expansion by setting....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bility certificate was issued on September 2, 1996, as the commercial production of the unit commenced on November 3, 1995, the eligibility certificate was granted for a period of nine years starting from November 1, 1995 to October 31, 2004 keeping the benchmark figures of the assessment year 1994-95 for compliance. The Assistant Commissioner, Commercial Taxes, the second respondent herein, issued a notice dated October 3, 2002, taking the view that as per G.O. Ms. Mo. 119 dated April 13, 1994 and the conditions in the eligibility certificate, the petitioner is eligible for deferral of sales tax only on the increased production and sales, the benchmark figure to be taken as the highest of the production/sales is with reference to any one o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on of the base production volume and the base sales volume would have to the worked out and incorporated in the eligibility certificates at the time of issue by SIPCOT and District Industries Centres. Having regard to the above specific requirement of entering the base production volume and the base sales volume in the eligibility certificate, it stands to reason that the jurisdiction to bring any amendment on this front lies only with the authority granting the eligibility certificate and it is not open to the assessing authority to change or alter what had been stated in the eligibility certificate.   I agree with the said submission of the learned counsel for the petitioner. It is not disputed by the respondents that the eligibil....