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TMI Blog2009 (2) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... im any other exemption or concession if available under any other notification. The respondent is free to claim the same and while revising the assessment, the assessing officer should consider alternate claims, if any, made. - ST. Rev. No. 140 of 2007 - - - Dated:- 18-2-2009 - RAMACHANDRAN NAIR C.N. AND SURENDRA MOHAN K. , JJ. The judgment of the court was delivered by C.N. RAMACHANDRAN NAIR J. The question raised in the revision filed by the State is whether the Tribunal was justified in granting exemption on purchase turnover of rubber wood by the respondent for the year 2001-02. We have heard Government Pleader appearing for the petitioner and counsel appearing for the respondent. The respondent was approved as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in periodical renewal granted and so much so, exemption has been considered with reference to the recognition granted each time. The relevant clause, namely, item 11 of the Third Schedule to Notification SRO No. 1090/99, is as follows: Sl. No. Name of the industrial undertakings/ manufacturers to which such goods are sold or by which such goods are purchased and the turnover which is exempted. Conditions (1) (2) (3) 7. Turnover of sale of industrial raw mate-rials, plant and machinery (including components) spare parts, tools and consumable in relation thereto, other than petroleum products, to 100 per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y real benefit to the industry because raw material is required only after the commencement of commercial production. Therefore, in order to give effective relief for five years as per notification, the date of commencement of exemption is changed from the date of approval to the date of commencement of commercial production. The original notification and the amendment establish beyond doubt that exemption is available only for a period of five years and it is available from the date of first approval which in this case is February 20, 1995. If the argument raised by the respondent which found acceptance by the Tribunal is upheld, the result will be that a unit getting renewal of the registration will get perpetual exemption, which is ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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