9911796707
TMI Blog2006 (5) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... sue declaration in form ST-17; and in terms of the said notification, the units having fixed capital investment of Rs. 15 crores or more were entitled to 100 per cent exemption of tax; and the units having investment between Rs. 5 crores to less than Rs. 15 crores were eligible for 50 per cent exemption. The learned Commercial Taxes Officer, Anti-Evasion, found that the petitioner was entitled only to 50 per cent exemption and yet proceeded to obtain 100 per cent tax exemption and the attempt to obtain such illegal advantages was in direct violation of the requirements of the Act. It appears from the statement of facts that provisional assessment was made on August 11, 2000 after such survey and inspection; and thereafter regular assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Having heard learned counsel for the parties and having perused the material placed on record and having examined the impugned orders dated April 10, 2006, this court is clearly of opinion that neither the orders aforesaid in relation to the prayer for interim relief could be sustained nor the approach of the learned members of the Board could be appreciated. From undisputed factual matrix it is evident that the matter of imposition of penalty was taken up in pursuance of the order passed by the Commissioner under section 87 of the Act; and even the challenge to the said order under section 87 of the Act remains pending before the Tax Board. The petitioner has submitted the present appeals concerning the orders imposing penalty; and the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 6) passed by the Rajasthan Tax Board, Ajmer, are set aside so far relating to rejection of the stay application submitted by the petitioner. The stay matter stands remitted to the Rajasthan Tax Board, Ajmer, to be considered and decided on merits in accordance with law. The parties are directed to appear before the Tax Board on June 14, 2006. The interim order passed by this court on April 21, 2006 staying coercive recovery proceedings against the petitioner shall continue to remain in currency till June 14, 2006, the date fixed for appearance before the Tax Board and on that date it shall be permissible for the parties to make submissions in relation to the interim relief before the Tax Board. No costs. - - TaxTMI - TMITax - CST, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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