2007 (7) TMI 601 - HC - VAT and Sales Tax

Summary

Issues involved:
The judgment involves the interpretation of rules regarding tax benefits for industrial units and the authority of the Higher Level Screening Committee (HLSC) to amend eligibility certificates. It also addresses the question of whether the benefit of exemption should be extended to a new item produced by an industrial unit without major changes in capital investment and technology.

Interpretation of rules regarding tax benefits:
The case involved M/s. Samtel India Limited, an industrial company manufacturing monitors and T.V. sets, applying for tax benefits under rule 28A of the Haryana General Sales Tax Rules, 1975. The Higher Level Screening Committee (HLSC) granted tax benefits and issued eligibility certificates. Subsequently, the company sought to include color T.V. monitors in the eligibility certificate, which was initially rejected by the HLSC. The matter went through various appeals and petitions, with the final decision allowing the inclusion of color T.V. monitors in the eligibility certificate based on a liberal interpretation of the legislative intention to promote industrial activity.

Authority of the Higher Level Screening Committee (HLSC):
The HLSC's decision to reject the application for including color T.V. monitors in the eligibility certificate was challenged through appeals and petitions. The Commissioner and Secretary, Industries initially dismissed the appeal, but a Division Bench of the court set aside this decision due to procedural irregularities. Eventually, the Tribunal allowed the appeal and set aside the HLSC's decision, citing a previous judgment of the court regarding the definition of "expansion/diversification of industrial unit."

Extension of exemption to new items without major changes:
The Tribunal's decision to allow the inclusion of color T.V. monitors in the eligibility certificate was based on the premise that the benefit of exemption should be extended to new items produced by an industrial unit without significant changes in capital investment and technology. The court upheld this decision, emphasizing that the legislative scheme aims to promote industrial development and should be interpreted liberally in favor of industrial activity.

Conclusion:
The writ petition challenging the Tribunal's decision was dismissed by the court, as it was found that the decision to include color T.V. monitors in the eligibility certificate was justified based on the legislative intent to promote industrial activity. The court also noted that the petition was filed within the limitation period and did not provide a sufficient explanation for the delay. Therefore, the decision of the Tribunal was upheld, and the writ petition was dismissed.