9911796707
TMI Blog1996 (1) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... rectors of the petitionercompany owned the existing unit, namely, M/s. Agra Oil and General Industries, Naraich, Hathras Road, Agra, which is engaged in the manufacture of oil. Admitted facts are that the existing unit-M/s. Agra Oil and General Industries, Naraich, Hathras Road, Agra, engaged in the manufacture of oil, is a proprietary concern of Sri Shanti Swarup Goel, who is one of the directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cturing any other goods, but does not include- (1) any factory or workshop manufacturing the same goods established by a person on or adjacent to the site of an existing factory or workshop wherein such person has interest as proprietor or a partner or agent or promoter or holding company or subsidiary company, so however, that where the date of starting production of such factory or workshop fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turing the same goods and in view of provisions of section 4-A of the Act, as amended by the U.P. Act No. 28 of 1991, the petitioner is not entitled to exemption". Simply because one of the directors of the petitioner-company happened to be the proprietor of the existing unit, can the petitioner-company be denied exemption envisaged by section 4-A? In view of the Explanation added by the U.P. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disentitled to exemption. In the instant case, not the petitioner-company (new unit) has interest in the existing unit, but only one of the directors of the petitioner-company has interest in the existing unit, since the existing unit is owned by the said director. Since the petitioner-company which owns the new unit has no interest in the existing unit, as such, respondent No. 2 was in error in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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