1980 (7) TMI 243 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Interpretation of Notifications S.O. Nos. 139 and 141 dated 18th January, 1977.
2. Validity period of exemption from general sales tax and special sales tax or purchase tax.
3. Application of exemption to individual cases based on the start date of production.

Detailed Analysis:

1. Interpretation of Notifications S.O. Nos. 139 and 141 dated 18th January, 1977:
The court addressed the interpretation of two notifications issued by the State Government on 18th January, 1977. Notification S.O. No. 141 pertains to the exemption from general sales tax and special sales tax or purchase tax on sales of raw materials to newly set-up small-scale industrial units. Notification S.O. No. 139 relates to the exemption from the levy of general sales tax and special sales tax on sales of finished products by newly set-up small-scale industrial units at the first stage of sale after production.

The court emphasized that both notifications should be interpreted in a manner that avoids absurdities and gives effect to every part of the language used. The court concluded that the exemption granted under both notifications is for a period of five years from the date the industry starts its production, irrespective of the notifications remaining in force only until 31st March, 1979.

2. Validity Period of Exemption:
The primary legal question was whether the exemption granted under the notifications was limited to the period until 31st March, 1979, or whether it extended for five years from the date of production start. The court held that the exemption is unequivocally for five years from the date the industry starts its production. This interpretation avoids any absurd inconvenience or anomalous situations and aligns with the State Government's intention to incentivize the establishment of small-scale industrial units.

3. Application of Exemption to Individual Cases:
The court applied the interpretation of the notifications to several individual cases:

- C.W.J.C. No. 173 of 1977 (R): The petitioner, a small-scale industrial unit, started production on 10th May, 1974. The court quashed the order limiting the exemption to 31st March, 1979, and extended it to 9th May, 1979.

- C.W.J.C. No. 214 of 1979 (R): The petitioner started production on 2nd June, 1978. The court quashed the order denying extension beyond 31st March, 1979, and granted exemption up to 1st June, 1983.

- C.W.J.C. No. 192 of 1979 (R): The petitioner started production on 23rd June, 1976. The court quashed the order limiting the exemption to 31st March, 1979, and extended it to 22nd June, 1981.

- C.W.J.C. No. 314 of 1979 (R): The petitioner started production on 28th April, 1976. The court quashed the order limiting the exemption to 31st March, 1979, and extended it to 27th April, 1981.

- C.W.J.C. No. 10 of 1979 (R): The petitioner started production on 17th March, 1974. The court quashed the reduction of the exemption period from 16th March, 1979, to 31st March, 1977, and restored it to 16th March, 1979.

- C.W.J.C. No. 244 of 1979 (R): The petitioner started production on 24th July, 1974. The court quashed the order limiting the exemption to 31st March, 1977, and extended it to 23rd July, 1979.

Conclusion:
The court allowed all the writ applications, extending the exemption periods as per the interpretation that the exemptions are valid for five years from the date of production start, irrespective of the notifications' validity period ending on 31st March, 1979. This interpretation aligns with the intention to promote industrial growth and avoids absurd results.