1998 (4) TMI 510 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of Industrial Policy Resolution, 1989 regarding sales tax benefits for industries downgraded from medium scale to small-scale.
2. Entitlement of a downgraded industry to sales tax benefits under I.P.R., 1989.
3. Validity of the decision of the State Government to deny benefits to a downgraded industry.
4. Revision of sales tax assessment orders for the petitioner-company.

Analysis:

1. The case involved the interpretation of the Industrial Policy Resolution, 1989 (I.P.R., 1989) concerning sales tax benefits for industries that were downgraded from medium scale to small-scale. The petitioner-company opted to register as a small-scale unit following an enhancement of investment limits by a government notification. The State Level Empowered Committee recommended benefits for newly converted small-scale industrial units, and the petitioner sought these benefits as per the decision.

2. The key issue was whether a downgraded industry was entitled to sales tax benefits under I.P.R., 1989. The Court noted that the incentives under I.P.R., 1989 were based on the category of the industry (large scale, medium scale, small-scale), and once an industry transitioned from medium to small-scale, it should receive benefits applicable to small-scale industries. The Court found no justification for denying benefits to a downgraded industry and held that the petitioner was entitled to sales tax exemptions as a small-scale unit.

3. The State Government's decision to deny benefits to the petitioner as a small-scale industrial unit was challenged. The Court found the decision unreasonable, emphasizing that the purpose of registering as a small-scale unit was to avail concessions and incentives available. The decision of the State Level Empowered Committee to grant benefits to downgraded industries was deemed rational and justified, leading to the setting aside of the State Government's decision.

4. Additionally, the Court directed the sales tax authorities to revise the assessment orders for the relevant periods, allowing the petitioner-company the benefit of sales tax exemption as a small-scale industrial unit. The judgment also addressed the petitioner's claim as a pioneer unit, leaving it open for the petitioner to raise the claim before the authorities for consideration.

In conclusion, the writ petition was allowed, setting aside the State Government's decision and directing the authorities to provide the petitioner with the sales tax benefits as per I.P.R., 1989.