1986 (5) TMI 259 - HC - VAT and Sales Tax

Summary

Issues:
Application of rule 3(66a) for tax exemption on goods produced by a newly set up small-scale industry; Rejection of eligibility certificate application by Assistant Commissioner due to violation of conditions; Legal recourse available against the rejection of eligibility certificate application.

Analysis:
The judgment by the High Court of Calcutta dealt with a case involving the application of rule 3(66a) for tax exemption on goods produced by a newly set up small-scale industry. The petitioner, a partnership firm engaged in the manufacture and sale of steel castings, claimed to be eligible for the tax exemption under this rule. The petitioner had complied with all the requirements of the rule, including maintaining separate accounts, issuing serially numbered memos, and keeping records of purchases and sales. However, the Assistant Commissioner rejected the petitioner's application for an eligibility certificate on the grounds that the petitioner had collected sales tax on goods from the small-scale unit, which was a violation of the conditions specified in the rule.

The petitioner, upon realizing the mistake, reapplied for the eligibility certificate for the subsequent period, giving an undertaking not to charge sales tax. Despite this, the application was once again rejected by the Assistant Commissioner, citing the earlier violation as the reason for refusal. The High Court, upon examining the case, found the reasons for rejection to be erroneous. The Court emphasized that the law allows for a tax holiday for a specified period from the date of the first sale, and the certificate must be applied for annually, valid for a maximum of 12 months at a time.

The Court held that the refusal to grant an eligibility certificate based on a previous year's violation was unjustified. It stated that the fulfillment of conditions must be assessed afresh each year, both at the initial grant and renewal stages. The Court concluded that if the petitioner meets all the rule requirements, they are entitled to the eligibility certificate. As a result, the High Court quashed the Assistant Commissioner's order and directed a fresh decision to be made promptly, ensuring compliance with the law. The respondent was instructed to issue a new order within six weeks if the petitioner meets the rule's conditions. The judgment allowed the writ petition, with no costs imposed on either party.