2007 (2) TMI 601 - HC - VAT and Sales Tax

Issues Involved:
1. Quashing of the meeting minutes by the Commissioner of Commercial Taxes.
2. Grant of sales tax exemption under entry 43A of the Finance Department Notification dated July 26, 1996.
3. Grant of sales tax exemption under the Industrial Policy Resolution, 1996.
4. Declaration of the petitioner-industry as a priority industry entitled to sales tax exemption.

Detailed Analysis:

1. Quashing of the Meeting Minutes by the Commissioner of Commercial Taxes:
The petitioner sought to quash the minutes of the meeting held by the Commissioner of Commercial Taxes with NALCO and the Orissa Aluminium Utensils Manufacturers Association on October 23, 2002. The court did not provide a detailed discussion on this specific issue, but it was implicitly addressed in the broader context of sales tax exemption eligibility.

2. Grant of Sales Tax Exemption Under Entry 43A of the Finance Department Notification Dated July 26, 1996:
The petitioner argued that its industry falls under the priority industries as per entry 43A of the Sales Tax Exemption Notification dated July 26, 1996, and thus, it is entitled to the exemption provided in the IPR, 1996. The court examined the eligibility certificate issued by the Director of Industries, which was still in force and supported the petitioner's claim. The Finance Department's counter-affidavit, which was adopted from a similar case, argued that priority industries were not treated as separate classes but as medium and large-scale industries. The court found this interpretation erroneous and held that all priority industries, irrespective of size, fall within entry 43A.

3. Grant of Sales Tax Exemption Under the Industrial Policy Resolution, 1996:
The petitioner established its industry in 1999 under the IPR, 1996, which provided incentives for priority industries. The Industries Department issued notifications and eligibility certificates supporting the petitioner's entitlement to sales tax exemption. The court referred to the IPR, 1996, which defined "Fixed Capital Investment" and provided sales tax incentives from the date of commercial production. The court emphasized that the eligibility certificate issued by the Director of Industries for sales tax exemption remained valid and supported the petitioner's claim.

4. Declaration of the Petitioner-Industry as a Priority Industry Entitled to Sales Tax Exemption:
The court examined the definition of "priority industries" under the IPR, 1996, which included industries with a project cost of not less than Rs. 1 crore. The petitioner's industry met this criterion and was declared a priority industry. The court cited the Supreme Court's decision in Vadilal Chemicals Ltd. v. State of Andhra Pradesh, which held that the eligibility certificate issued by the Department of Industries and Commerce could not be overridden by the Commercial Taxes Department. Similarly, the court referred to State of Bihar v. Suprabhat Steel Ltd., emphasizing that any notification repugnant to the Industrial Policy must be held invalid.

Conclusion:
The court found that the petitioner's industry, having made substantial investment and enjoyed tax benefits, was entitled to sales tax exemption as a priority industry under the IPR, 1996. The impugned action of the opposite parties was deemed arbitrary, unreasonable, and violative of article 14 of the Constitution of India. The court quashed the meeting minutes and declared the petitioner-industry entitled to avail the sales tax exemption in accordance with the IPR, 1996. The writ petition was allowed with no order as to costs.

← Previous Next →