2009 (5) TMI 881

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....submitted for exemption on December 22, 1999 and January 15, 2001. It is stated that exemption was granted with respect to the "plant and machinery" on February 24, 2001, while denying the same in respect of the "building" having the value of more than Rs. 6,86,363. Pursuant to the denial of exhibit P1 application as per exhibit P2 order passed by the fourth respondent, the petitioner preferred an appeal before the appellate authority (first respondent) who passed exhibit P4 order confirming the stand taken by the fourth respondent and denying the benefit, which in turn is the subject-matter of challenge in the present petition. The learned counsel appearing for the petitioner submit that the idea and understanding of the first and fourt....

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....deeds in respect of the land before the State Level Committee for consideration of the question of exemption. In other words, the situation considered by this court in the said case was with regard to a case involving "co-ownership" of the property; which stood entirely on a different footing than a case involving lease to be procured for a long term period of 10 years. Now, coming to the amendment brought about by exhibit P6 G.O., the position as it stood earlier and the situation after the amendment has been given under paragraph/clause 3(9) of the appendix to the said G.O.; which is extracted below: From the above, it is clear that the building and civil structure shall be the one constructed for the purpose of running the industry by....

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....stration will pertain back to the date of execution of the document. The benefit of exemption was intended to be given only to such persons who were having a genuine claim coming within the parameters prescribed and it is for this reason that it was stipulated that the building should have been constructed for the purpose of industry and that such construction should have been effect after registering the lease deed. In other words, the chance to have the provision for exemption misused was noted as more in the case of "lease"; which accordingly was taken care of, as per the amendment. In the instant case, it is submitted that the petitioner had already produced an unregistered lease deed earlier; despite the fact that the petitioner was....