9911796707
TMI Blog2001 (12) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... he question centres round interpretation of paragraph 10 of the Liberalised State Incentive Scheme, 1989 contained in G.O. Ms. No. 498, dated October 16, 1989 which reads thus: "As the central objective of the new incentives package is to attract new industrial units to the State it would not be applicable to units which have already taken any or all the steps for the project implementation. Accordingly, only new industrial units which hold valid registration/letters of intent and have taken steps for the first time on or after October 3, 1989 for project implementation such as applying for project finance, placing orders for any part of the machinery, commencement of construction, etc., would be eligible for these concessions provided th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Committee had decided that the sanction of loan from financial institutions after October 3, 1989 should be considered as criteria and as such the petitioner is eligible for registration under the said scheme. The petitioner was registered under the 1989 scheme on September 27, 1991 and it applied to the first respondent for issuing temporary eligibility certificate for sales tax exemption. Temporary eligibility certificate was granted for exemption of sales tax on October 22, 1991. The second respondent instructed all the District Industries Centres to withdraw the temporary eligibility certificates by his circular dated January 29, 1992 as the application for loan is filed before October 3, 1989. Then the first respondent by his order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and have taken steps for the first time on or after October 3, 1989 for project implementation", must be read in their entirety. Such steps as are referred to in the said paragraph are applying for project finance, placing orders for any part of the machinery, commencement of construction, etc. Any of the aforementioned steps taken prior to October 3, 1989 would, therefore, disentitle the entrepreneur from getting the benefit of the said incentive package. 6.. It is a well-known principle of construction of statutes that all words employed therein must be given their full meaning unless the same results in absurdity. In Gurudevdatta VKSSS Maryadit v. State of Maharashtra (2001) 4 SCC 534, it has been held: "Further we wish to clarify t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to what has been said as also to what has not been said. When the words used are not ambiguous, literal meaning has to be applied, which is the golden rule of interpretation." 9.. It is not in dispute that in the decision reported in Nagarjuna Building Projects [1997] 25 APSTJ 127, the division Bench was considering the case wherein the loan was sanctioned by the A.P. State Financial Corporation on October 11, 1989 and October 14, 1989 after the cut-off date October 3, 1989. It was held that only because enquiries were made by the entrepreneurs prior to October 3, 1989 for obtaining loan would not a step within the meaning of paragraph 10 of the aforementioned G.O. Thus, the said decision is not applicable in the facts and circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an that 'the decision of the Government in relation to eligibility of any person or where such person or industrial unit is a new industrial unit in terms of the Government order shall be final'. In the present case, we have seen that the order of the State Government treating industrial units which had applied for project finance earlier than October 3, 1989 not to be new units eligible to claim benefits of the scheme in terms of G.O. No. 498." 11.. Recently in State of Kerala v. Vattukalam Chemicals Industries [2001] 124 STC 233 (SC); (2001) 7 JT 144 (SC), it was held that exemption under a notification would apply to goods of description that are taxable at the point of last purchase in the State and since the goods in question, viz., ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
