1992 (2) TMI 317 - SC - VAT and Sales Tax

Whether exemption from the payment of sales tax under section 4-A of the U.P. Sales Tax Act, 1948 should be for three years or five years? Held that - The petitioners are entitled for exemption under section 4-A of the U.P. Sales Tax Act for five years from 30th March, 1985 and accordingly they should be given the benefit.

Summary

Issues:
1. Determination of the date of commencement of exemption period under section 4-A of the U.P. Sales Tax Act.
2. Calculation of total capital investment for determining the duration of exemption.
3. Consideration of the cost of the diesel unit in the capital investment.
4. Interpretation of relevant provisions and notifications for granting exemption.

Analysis:
The case involved a dispute regarding the commencement date of the exemption period under section 4-A of the U.P. Sales Tax Act for a small-scale industrial unit manufacturing cycle stands and carriers. The petitioners contended that the exemption period should begin from the date of the first sale, which was 30th March, 1985. The High Court accepted this argument but limited the exemption to three years, based on the total capital investment criteria. The petitioners argued that the cost of a diesel unit purchased before the first sale should be included in the capital investment to qualify for a five-year exemption.

The critical issue was the determination of the total capital investment on the date of the first sale to ascertain the duration of the exemption. The petitioners maintained that the cost of the diesel unit, purchased before the first sale, should be considered in the capital investment, making it above Rs. 3,00,000 and thus eligible for a five-year exemption. The High Court had not considered this argument adequately, focusing instead on the date of starting production and the total investment during that period.

The Court analyzed the provisions of section 4-A of the Act and relevant notifications specifying the conditions for granting exemption based on the total capital investment. The Court emphasized that the cost of the diesel unit, purchased before the first sale, should be included in the capital investment calculation. The State Government's admission regarding the purchase date of the diesel set supported the petitioners' claim for a five-year exemption from 30th March, 1985.

Ultimately, the Court concluded that the petitioners were entitled to a five-year exemption period from 30th March, 1985, considering the inclusion of the cost of the diesel unit in the capital investment. The special leave petition was disposed of in favor of the petitioners, granting them the benefit of the extended exemption period.