1999 (7) TMI 635 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Jurisdiction of the Commissioner to cancel the eligibility certificate.
2. Nature of the new products (Coca Cola and Fanta) in comparison to previously manufactured products.
3. Installation of old machinery and its impact on the eligibility certificate.

Summary:

1. Jurisdiction of the Commissioner to Cancel the Eligibility Certificate:
The revision petition u/s 11 of the U.P. Sales Tax Act, 1948, challenges the Commissioner of Trade Tax's order u/s 4-A(3) cancelling the eligibility certificate granted to the revisionist. The court examined whether the Commissioner had the jurisdiction to cancel the eligibility certificate, especially when the Divisional Level Committee, comprising senior officers, had granted it. The court noted that the Commissioner could correct clerical or arithmetical errors but not errors that are debatable and require a rational discussion. The Commissioner should have filed an appeal to the Tribunal instead of exercising powers u/s 4-A(3).

2. Nature of the New Products:
The Commissioner argued that Coca Cola and Fanta were not of a different nature than the previously manufactured products like Thumps-up and Limca, as all were aerated waters. The Tribunal upheld this view. However, the court found that whether the new products were of a different nature was debatable and not an error apparent on the face of the record. Therefore, the Commissioner had no jurisdiction to cancel the eligibility certificate on this ground.

3. Installation of Old Machinery:
The Commissioner also cancelled the eligibility certificate on the ground that the revisionist installed an old bottling machine after the grant of the certificate. The court observed that the new unit fulfilled all conditions at the relevant date, and the subsequent installation of old machinery did not affect the eligibility for exemption. The installation did not reduce the investment or adversely affect the Revenue. The court referenced the Supreme Court's decision in Commissioner of Sales Tax v. Industrial Coal Enterprises, which held that subsequent changes do not affect the granted exemption.

Conclusion:
The court held that the Commissioner's order u/s 4-A(3) cancelling the eligibility certificate was not legally sustainable. The Tribunal erred in dismissing the appeal. The revision petition was allowed, and the Commissioner's order dated March 27, 1998, was quashed. The parties were ordered to bear their own costs.

Petition allowed.