9911796707
TMI Blog2001 (2) TMI 988X X X X Extracts X X X X X X X X Extracts X X X X ..... concern of one Shri Prabhudas Shah called M/s. Benson Pharmaceuticals. It had one industrial unit engaged in the business of manufacture of pharmaceutical goods at Industrial Estate at Sanwer Road, Indore. This concern had taken loan from MPFC for running this unit. It appears that since the concern, i.e., M/s. Benson Pharmaceuticals failed to repay the loan and hence MPFC invoked their powers conferred under section 29 of the State Financial Corporation Act, 1951 and advertised the aforesaid unit for sale on October 9, 1987. The petitioner submitted its tender for purchase of the defaulted unit. Eventually the petitioner was turned out to be the successful bidder and accordingly the MPFC by their letter dated December 8, 1987 (annexure P/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst this rejection the petitioner has felt aggrieved and filed this petition. 5. The State by filing the return supported the impugned rejection and the reasoning contained therein. 6. Heard Shri P.M. Choudhary, learned counsel for the petitioners and Shri P. Verma, learned Government Advocate, for the respondents. 7. Learned counsel for the petitioner while attacking the impugned order (annexure P/20) argued that reasoning contained in the impugned order and that prevailed in rejection of petitioner's application was entirely perverse as also de hors to the very object in granting exemption. It was his submission that the petitioner being an independent unit in itself having no connection whatsoever with the defaulting unit, the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r their benefit. The sales tax/entry tax exemption is granted to a person who carries on some business activity on fulfilment of conditions stipulated for grant of exemption. Once the petitioner purchased the unit and became owner thereof on making payment to MPFC, they had become entitled to apply in their own rights to ask for the exemption for carrying on their business. It had to be therefore, considered on its own merit. 11.. In my opinion, therefore, the respondent Nos. 1 and 2 had to consider and decide the application dated April 20, 1990 and April 12, 1990 (annexure P/19) for grant of eligibility certificate in payment of sales tax and entry tax on its own merit treating the application to have been made by the petitioner as a di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
