Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 2004 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (12) TMI 365 - SC - VAT and Sales TaxWhether one application can be filed or each unit of an industrial undertaking needs to file an application? Whether the application filed on May 17, 2000 can be said to be time-barred? Whether the Company was in arrears of tax for Rs. 1,742.25 lakhs or in any other amount? Held that:- The High Court was wrong in directing issuance of an eligibility certificate as well as directing reimbursement of the amounts paid. Whether, factually, there has been any expansion, modernisation or diversification has to be ascertained by the concerned committee. The committee will also have to determine to what extent there has been expansion, modernisation and/or diversification after December 1, 1994 and before March 31, 2000. The assessing authority will also require to consider whether clause 3(b) of the notification is applicable and whether the expansion, modernisation and diversification now claimed is not in respect of any exemption already claimed and made available to the respondent-company or any of its units earlier. It must be mentioned that under an earlier notification dated August 13, 1991 various units of the respondent-company had applied for exemption and had been granted exemption to certain extent. Thus set aside that portion of the impugned order which directs issuance of the eligibility certificate and directs reimbursement & remit the matter back to the Divisional Level Committee which shall decide the application on its merit within a period of six months from today. The committee, among the other things, will consider whether the Company was in arrears of tax. It is again clarified that during the period of stay orders the Company cannot be said to be in arrears of tax.
|