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2013 (8) TMI 807 - HC - VAT and Sales TaxInvestment based exemption - The assessee had installed new machines for enhancement of the production and claimed an exemption on the extra production - Revenue denied the exemption in view of the circular dated 11.07.2005 - Held that:- The petitioners cannot claim the tax benefit on the extra production manufactured from new machines which were never disclosed before DLC who had issued the certificates - The petitioners produced goods in excess by installing new machines subsequently to the issuance of eligibility certificate and the same was not based production as a result of the establishment of its original units - the assessee cannot interpret law in its own way - One cannot take advantage of his wrongs as per the maxim COMMODUMEX INJURIA SUA MEMO HABERE DEBET – following Mrutunjay Pani v Narmada Bala Saimal [1961 (3) TMI 88 - SUPREME COURT]. The exemption was granted on the fixed capital investment made by the entrepreneur - Further, if any further investment was made by installing new machines then the benefit of exemption to the production of goods from such new machines was not available - It was expected that the petitioners will apply for fresh certificate regarding the installation of the new machines/investment, which resulted into extra production, but the same was not done - Provisions of Section 4A relates to Rule 25 and Form-XLVI, which was statutory form and was to be filled along with requisite documents were to be read in composite and not separate - The aforesaid provision also makes it abundantly clear that while applying for eligibility certificate necessary documents such as loan amount, land and machines were to be disclosed - After the grant of eligibility certificate, production from new machines were not eligible for grant of exemption of goods from payment of trade tax. Nothing was permissible under the garb of the certificate issued under Section 4-A of the Act by hiding the facts like the fixed capital investment from the DLC - Section 4A(5)(a) provided that a manufacturer shall be entitled to the facility of exemption from, or reduction in the rate of tax, notified under sub-section (1) - There was no reason to interfere with the Circular dated 11.07.2005 and letter dated 12.02.2004 issued by the Commissioner, Trade Tax, U.P - The same were hereby sustained along with reasons mentioned - Decided against Assessees.
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