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2010 (10) TMI 899 - SUPREME COURTExemption - assessee claimed exemption from payment of sales tax - According to the assessee, its investment in plant and machinery in its unit during the period from April 1, 1995 to April 30, 1995 and from May 1, 1995 to March 31, 1996 was less than Rs. 5 lakhs and accordingly, it was entitled to get the tax exemption under rule 3(116) of the Bengal Sales Tax Rules, 1941 – Held that:- West Bengal State Government did not by Notification No. 1428-FT dated May 26, 1994, extend the exemption thereunder to small-scale industrial units which had employed more than Rs. 5 lakhs in investment in plant and machinery although the depreciated value thereof may be less than Rs. 5 lakhs, exemption not available Interest - tax due on the basis of quarterly return was not paid as required by sub-section (3) and the appellant was, therefore, liable to pay interest on the amount of tax in respect of which default was committed at the rate prescribed in sub-section (2) from the last date prescribed for filing quarterly return under the Act up to the date of payment, no merit in this appeal, hereby rejected
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