TMI Blog2005 (8) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... g heard. The Tribunal and the High Court have not looked into the other aspects raised by the Committee and not considered whether building was owned by the appellant. We, therefore, feel that the correct course would be to remit the matter back to the Committee for consideration on merits. Amongst other things the Committee will also consider whether or not the building is owned by the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Divisional Level Sales Tax Exemption Committee (hereinafter called "the Committee") rejected the application of the appellant, inter alia, on the following grounds: "1. Capital investment is more than 3 lakhs. Permanent registration has not been issued under the Factories Act. 2.. Agreement of the land has been completed on Stamp-paper of Rs. 10 which is under registration. 3.. Lists of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether both land and building must be owned by the unit. The relevant provision reads as follows: "On land or building or both owned or taken on lease for a period of not less than seven years by such dealer or allotted to such dealer by any Government company or any corporation owned or controlled by the Central or the State Government." 5.. The High Court has held that a strict interpret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e documents, we are of the view that the interpretation must be in accordance with the wording of the provision. As stated above, the relevant wordings are "on land or building or both". A plain and simple reading of these words indicates that to avail of the exemption, even presuming the term "owned" means "actually owning", the ownership could be either of the land or of the building or of both. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot looked into the other aspects raised by the Committee and not considered whether building was owned by the appellant. We, therefore, feel that the correct course would be to remit the matter back to the Committee for consideration on merits. We accordingly do so. Amongst other things the Committee will also consider whether or not the building is owned by the appellant. The Committee will gra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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