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2006 (9) TMI 530 - HC - VAT and Sales Tax
Issues:
- Whether the petitioner is entitled to exemption under section 8(2A) of the Central Sales Tax Act. - Whether the exemption provided under the State law is a general exemption or conditional exemption. Analysis: 1. Entitlement to Exemption under Section 8(2A) of CST Act: - The petitioner, a dealer in jaggery, sought to restrain the Commercial Tax Officer from levying one percent Central sales tax on inter-State sale of jaggery, claiming exemption under section 8(2A) of the CST Act. - The contention was that jaggery was exempted from the Tamil Nadu General Sales Tax Act from July 17, 1996, making it eligible for exemption under the CST Act. - The key issue was whether the exemption under section 8(2A) of the CST Act applies when goods are exempted "generally" under the State Sales Tax Act. - The court analyzed the relevant provisions of section 8(2A) and concluded that the exemption can be claimed only when goods are exempted "generally" under the State tax law. 2. Nature of Exemption under State Law: - The State law amended the Third Schedule to exempt jaggery sales if the dealer's turnover did not exceed Rs. 100 crores in a year. - The court determined that this exemption was conditional, as it was subject to the turnover threshold, not a general exemption. - Referring to the Explanation of section 8(2A) of the CST Act, the court held that specific conditions for exemption prevent dealers from claiming benefits under the Act. - Rulings from various cases were cited to support the principle that general exemption is a prerequisite for claiming relief under section 8(2A) of the CST Act. - As the jaggery exemption was subject to a specific turnover condition, not related to the turnover of goods, the petitioner was not entitled to exemption under the CST Act. 3. Conclusion: - The court dismissed the writ petition, ruling that the petitioner could not claim exemption under section 8(2A) of the CST Act due to the specific condition imposed by the State law regarding jaggery sales.
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