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2011 (6) TMI 722 - HC - VAT and Sales TaxWhether the appellant is entitled to the benefit of the exemption from the payment of turnover tax as contemplated under section 16B of the West Bengal Sales Tax Act, 1994 by virtue of the remission granted under the Scheme of 1993 and also with the aid of the order passed by the BIFR notwithstanding the specific bar created by sub-section (2) of section 16B of the Act? Held that:- The learned Tribunal below erred in law in holding that there was no promise to exempt from the payment of turnover tax and consequently, refused to exercise jurisdiction vested in it by law in refusing the just relief to the petitioner on total misinterpretation of the materials on record. We, hence, set aside the order impugned and direct the respondent not to realise turnover tax from the petitioner for the sale of the cement in the State of West Bengal for the period of exemption. If the amount has already been realized, the same should be refunded with interest at the rate of 12 per cent per annum from the date of receipt till the date of return. The refund, in that case, be made within two months from today.
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