2000 (11) TMI 1084 - SC - VAT and Sales Tax

Benefit of deferment of tax - Held that - Appeal dismissed. It is quite apparent from a reading of the Rajasthan Sales Tax New Deferment Scheme for Industries, 1989 that even though the appellant may have been a new very prestigious industry it is still not entitled to claim deferment of tax to the extent of 90 per cent, inasmuch as the cement industry is included in annexure B which contains a list of those industries which are ineligible to get the benefit of deferment of tax. There is a specific benefit granted to a large scale cement unit, whether it be new very prestigious unit or otherwise, and that it may have its deferment only to the extent of 50 per cent and no more.

Summary

The Supreme Court upheld the judgment of the High Court regarding the deferment of tax for a cement industry under the Rajasthan Sales Tax New Deferment Scheme for Industries, 1989. The appellant, a prestigious industry, was not entitled to claim 90% deferment but only up to 50% as per the scheme. The appeal was dismissed with no costs.