1989 (12) TMI 331 - HC - VAT and Sales Tax

Summary

Issues:
1. Exemption from payment of octroi claimed by a company under a notification issued by the Governor of Haryana.
2. Interpretation of the Notification of 5th April, 1985 regarding exemption from octroi for industrial units in the Faridabad Complex.
3. Determination of eligibility for exemption based on capital investment criteria.
4. Analysis of the definition of "new industrial units" for exemption purposes.
5. Scrutiny of the impugned order of the Commissioner, Ambala Division, regarding exemption entitlement.

Analysis:
The judgment revolves around the controversy of octroi exemption claimed by Messrs. Niky Tasha India Private Limited under the Notification of 5th April, 1985, issued by the Governor of Haryana. The company sought exemption for electronic goods and television sets manufactured within the Faridabad Complex. The main issue was whether the company qualified for this exemption based on the criteria outlined in the notification.

Regarding the eligibility criteria, the notification specified two categories for exemption based on capital investment in industrial units within the Faridabad Complex. The company did not fall under the first category applicable to backward areas, leading to a focus on the second category where the capital investment should be up to Rs. 50 lakhs. The interpretation of "capital investment" was crucial, including components like land, building, plant, machinery, and equipment. Despite conflicting claims, evidence suggested that the company's total investment exceeded the threshold, disqualifying it from this category of exemption.

A significant aspect of the case involved the definition of "new industrial units" under the notification. The company argued that its new television manufacturing unit, established after 1st November, 1983, should qualify for exemption. However, the court found discrepancies in the company's claims regarding the establishment date of the new unit, indicating inconsistencies in the provided information. The judgment emphasized that the identity of the company remains unchanged even with the addition of new manufacturing activities, thereby rejecting the exemption claim under this clause.

The judgment also criticized the impugned order of the Commissioner, Ambala Division, for not engaging in a thorough analysis and instead relying on the State Government's decision for granting exemption. The court deemed this approach as an abdication of judicial functions, highlighting the necessity for independent and reasoned judgments in such matters. Consequently, the court ruled against the company's entitlement to octroi exemption under the Notification of 5th April, 1985, and upheld the writ petition with costs awarded.