1996 (6) TMI 315 - AT - VAT and Sales Tax

Summary

Issues Involved:
1. Eligibility for remission of tax under Section 8-1 of the West Bengal Sales Tax Act, 1954.
2. Definition and classification of a "newly set up small-scale industrial unit" under Rule 22(9A) of the West Bengal Sales Tax Rules, 1954.
3. Interpretation of "composite sale" and its implications.
4. Validity of the orders passed by the respondents rejecting the application for eligibility certificate.

Detailed Analysis:

1. Eligibility for Remission of Tax:
The applicant sought the setting aside of orders dated June 30, 1993, and September 13, 1995, which rejected their application for an eligibility certificate for remission of tax under Section 8-1 of the West Bengal Sales Tax Act, 1954. The applicant argued that they complied with all provisions of the Act and that their industrial unit should be considered newly set up, thus eligible for tax remission.

2. Definition and Classification of a "Newly Set Up Small-Scale Industrial Unit":
The core issue revolved around whether the applicant's unit, M/s. Balaji Freezing and Complex Pvt. Ltd., could be classified as a "newly set up small-scale industrial unit" per Rule 22(9A) of the West Bengal Sales Tax Rules, 1954. The respondents argued that the unit was not newly set up but rather an expansion or modification of the old unit, M/s. Diamond Freezing Complex Pvt. Ltd., which had started production before June 1, 1990. The Tribunal, however, found that the applicant purchased only the assets (land, building, plant, and machinery) and not the business itself, thus establishing a new industrial unit.

3. Interpretation of "Composite Sale":
The term "composite sale," as used in the High Court's order, was a point of contention. The respondents interpreted it to mean that the entire business was purchased, whereas the Tribunal clarified that "composite sale" referred only to the sale of assets and not the business as a going concern. This interpretation was crucial in determining that the applicant's unit was a new entity.

4. Validity of the Orders Passed by the Respondents:
The Tribunal examined the orders passed by the respondents and found that they were based on an incorrect interpretation of the facts and law. The orders were quashed because the applicant's unit met the criteria for being a newly set up industrial unit, having started commercial production after June 1, 1990, and not being an expansion or modification of the old unit.

Conclusion:
The Tribunal allowed the application, setting aside the orders dated June 30, 1993, and September 13, 1995. The respondent No. 2 was directed to issue the eligibility certificate for remission of tax under Section 8-1 of the West Bengal Sales Tax Act, 1954, within a fortnight. The judgment's operation was stayed for eight weeks upon the verbal prayer of the learned State Representative.

Agreement:
Both L.N. Ray (Chairman) and J. Gupta (Judicial Member) agreed with the judgment.

Application Outcome:
Application allowed.