2002 (4) TMI 935 - HC - VAT and Sales Tax

Issues Involved
1. Claim for exemption from sales tax on the sale of finished product (Extra Neutral Alcohol) under the Industrial Policy Resolution (IPR).
2. Interpretation of Clause 16.3 of the IPR and related provisions.
3. Eligibility of the petitioner for sales tax exemption based on fixed capital investment and incremental production capacity.
4. Validity of the orders passed by the Joint Commissioner of Commercial Taxes and the Assistant Commissioner of Commercial Taxes.
5. Requirement for fresh consideration of the exemption claim by the competent authority.

Detailed Analysis

1. Claim for Exemption from Sales Tax
The dispute centers on the petitioner-company's claim for exemption from sales tax on the sale of Extra Neutral Alcohol, a finished product, as per the Industrial Policy Resolution (IPR) of 1995. The petitioner argued that it diversified its activities based on the assurances in the IPR and made significant investments to qualify for this exemption.

2. Interpretation of Clause 16.3 of the IPR
Clause 16.3 of the IPR provides that units undergoing expansion or diversification should be treated identically to new units for their expanded/diversified capacity and incremental production. This clause is crucial as it forms the basis of the petitioner's claim for sales tax exemption. The clause stipulates that such units should be given identical treatment as new units for their expanded/diversified capacity and incremental production both in the purchase of raw materials and for sales tax on finished goods.

3. Eligibility for Sales Tax Exemption
The eligibility criteria for exemption include:
- Additional fixed capital investment in plant and machinery of 50% or more of the undepreciated value of fixed capital investment in the existing unit.
- Incremental production capacity of not less than 50% of the initial installed capacity.

The petitioner claimed to have made investments exceeding 50% of the initial fixed capital investments, thus qualifying for the exemption. However, the Joint Commissioner of Commercial Taxes contested this by excluding the investment in the effluent treatment plant from the fixed capital assets, which led to the rejection of the exemption claim.

4. Validity of Orders by Tax Authorities
The Joint Commissioner of Commercial Taxes initially rejected the petitioner's claim on the grounds that the investment in fixed capital assets was less than 50% of the capital investment made earlier. The Assistant Commissioner of Commercial Taxes also expressed doubts about the fresh assessment of fixed capital investment by the Industries Department and questioned the petitioner's failure to appeal the earlier order.

5. Requirement for Fresh Consideration
The court observed that the competent authority must consider two main aspects:
- The additional fixed capital investment should be 50% or more of the undepreciated value of the existing unit's capital investment.
- The additional investment should result in an incremental production capacity of at least 50% of the initial installed capacity.

The court noted that the petitioner's claim had not been considered on its merits, particularly in light of the revised report from the Industries Department. The court emphasized that the Industrial Policy is designed to benefit industrial units and should be interpreted positively to avoid technical rejections that could undermine its objectives.

Conclusion
The court directed the petitioner to file a representation before the Joint Commissioner of Commercial Taxes (Administration), Bhagalpur, for fresh consideration of the exemption claim. The orders of the Joint Commissioner, Commercial Taxes (Administration), dated August 29, 2000, and the Joint Commissioner, Commercial Taxes (Appeal), dated January 15, 2002, were set aside. The writ petition was allowed with no order as to costs.

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