2010 (2) TMI 1095 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of clause (i) of proviso to clause (a) of sub-rule (3) of rule 28B of the Haryana General Sales Tax Rules, 1975.
2. Compliance with conditions for availing sales tax exemption under rule 28B of the Haryana General Sales Tax Rules, 1975.

Issue 1: Interpretation of clause (i) of proviso to clause (a) of sub-rule (3) of rule 28B:
The case involved determining whether the land purchased in 1996 for setting up unit 3 could fulfill the condition under the proviso to clause (a) of sub-rule (3) of rule 28B, which required the land to be purchased for unit 4 as well. The court analyzed the facts where a manufacturer set up multiple units on the same land after being granted a sales tax exemption for the first unit. The court found that the manufacturer had expanded its production by constructing units III and IV on the same land, satisfying the conditions under the rule. It concluded that the manufacturer was entitled to claim exemption from sales tax, ruling in favor of the entrepreneur against the Revenue on this issue.

Issue 2: Compliance with conditions for availing sales tax exemption under rule 28B:
The court examined whether the order of the Tribunal, which allowed the entrepreneur's appeal for claiming sales tax exemption, was contrary to the provisions of rule 28B. It was established that the manufacturer had met all the conditions specified in sub-rule (3)(a) of rule 28B by expanding production through the construction of units III and IV on the same land where units I and II existed. As the same product was being manufactured in all units, the court held that the entrepreneur was eligible for the sales tax exemption. Consequently, the court ruled that the Tribunal's order was not in violation of the rule and decided the reference in favor of the entrepreneur and against the Revenue.

This judgment by the Punjab and Haryana High Court clarified the interpretation of the relevant provisions of the Haryana General Sales Tax Rules, 1975, regarding the eligibility for sales tax exemption for industrial units. It emphasized the importance of meeting the specified conditions for availing such exemptions and highlighted the significance of compliance with the rules for expanding production units on the same land.