9911796707
TMI Blog2009 (6) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... pansion relevant for this Entitlement Certificate. The Entitlement Certificate is based on the ratio of investments for prorata computation, the benefits shall be available till the time period or the monetary ceiling whichever gets exhausted early. The production to the extent of 21.05% shall be apportioned to the Existing Unit. Corresponding to this production at 21.05% when the sales takes place the liability for payment of taxes shall be discharged by making payment of taxes into Govt. Treasury and the same shall be admitted in returns furnished thereafter. The same proportion is available for procuring raw-material without payment of taxes to suppliers on finishing declarations in respect of Expansion Unit. The Deputy Commissioner of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exceed ₹ 50,47,51,000/-. The validity period for the Eligibility Certificate was 15 years i.e. from 01.09.1994 to 31.08.2009. The Sales tax Incentives were computed at 130% of the total investment approved. The Deputy Commissioner of Sales Tax (Incentive Scheme & Enforcement) Maharashtra State, Mumbai, issued Certificate of Entitlement No. N 19L/R-31B/481 dated 30th September, 1994. Al the terms and conditions set out in the above Eligibility Certificate stood incorporated in the Certificate of Entitlement. On 5.6.1996, the petitioners made an application to Sicom Ltd., for incorporating Video Cassettes Recorder/player as products to be covered under the Eligibility Certificate. Sicom Ltd., issued Addenda granting permission. As there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shown at ₹ 197,00,39,175/-. The Sales Tax Incentives have been computed by applying Circular no.2 of 1998 dated 17.1.1998 by applying the pro rata method. According to the petitioners, the Trade Circular No.2 of 1998 dated 17.1.1998 is without jurisdiction and/or in excess of jurisdiction and/or in improper exercise of jurisdiction, void, inoperative and in violation of the doctrine of promissory estoppal. It is contended that for the same reason, the conditions imposed in the Certificate of Entitlement dated 16.1.2001 are also invalid and are liable to be set aside. On the basis of these contentions, the petitioners have filed Writ Petition seeking to quash the aforesaid conditions in the Circular as well as the Certificate of Entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of entitlement as a criterion for claiming benefits in respect of Exemption Unit under 1993 Scheme for exemption. Accordingly the manner of claiming benefits is provided in clause (m) of this Certificate." "a) Since the Unit has claimed that identification of production and maintenance of accounting of it for Existing Unit and Expansion Unit is difficult to comply with and as the Unit showed willingness to opt for investment as a criterion to claim benefits for Expansion Unit. In terms of provisions of the to the Unit in terms of this Entitlement Certificate the following basis adopted. (1) Gross Block of Fixed Capital Assets as on 31.03.99 = ₹ 53,85.93/- Lakhs (2) Projected Investment in Capital Assets in 1st Expansion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiles Ltd. "(i) Whether on the facts and circumstances of the case, the Tribunal was justified in law in declaring that the conditions in paragraph (i) and (m) of the Certificate of Entitlement dated 25.1.2000 be deleted abinitio ? (ii) Whether on the facts and circumstances of the case, the Tribunal was justified in law in going a step further in declaring that proportionate benefits theory is not applicable to expansion units covered under 1993 Package Scheme of Incentives, when it was not asked for by the applicant (appellant sic) and their prayer was simply to delete the conditions from the certificate of entitlement ?" After hearing the parties, the Division Bench of this Court by its judgment dated 13.10.2008 answered both the qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
