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1989 (1) TMI 325

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..... e vide its order dated 21st March, 1987 (annexure 3 to the writ petition) on the ground that the land on which the unit is situated and the electric connection were in the name of one of the partners. Thereafter, the petitioner made a review application, which too was rejected by the Divisional Level Committee and such rejection was communicated to the petitioner by the order dated 14th March, 198 .....

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..... as being used to run the unit. Again it is stated that the Project Officer and the Sales Tax Officer both inspected the business premises of the petitioner on 10th October, 1987 and they had noticed that there was no electricity and the unit was being run by the generator. In paragraph 4 of the counter-affidavit, it is averred that "........... the petitioner was entitled for exemption at the most .....

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..... ctor vide order dated 14th March 1988 (annexure 4) is liable to be set aside for the simple reason that both the inspections had been made, according to the respondents, after the termination of the exemption period. The decision of the Divisional Level Committee, being based on irrelevant considerations, deserves to be quashed. In the result, the writ petition is allowed, the orders dated 21st .....

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