9911796707
TMI Blog1997 (2) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... dings for the year 1974-75, the President of the assessee-firm produced a certificate of genuineness dated February 26, 1976 obtained from the Haryana Khadi and Village Industries Board (hereinafter referred to as "the Board") for the period from November 1, 1973 to March 31, 1976. However, the assesseefirm had not obtained any exemption certificate under section 13 of the Act till the finalisation of the assessment. The Assessing Authority, in the absence of exemption certificate, rejected the plea of the assessee-firm and fixed liability to pay tax with effect from December 30, 1974 and framed assessment from December 30, 1974 to March 31, 1975. The Assessing Authority also imposed a penalty of Rs. 100 under section 29 of the Act. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the powers conferred by sub-section (1) of section 13 of the Haryana General Sales Tax Act, 1973, the Governor of Haryana, being satisfied that it is necessary and expedient so to do in the interest of cottage industries, hereby exempts all classes of co-operative societies and persons in whose favour certificates of genuineness have been or are issued by the Commission constituted under the Khadi and Village Industries Commission Act, 1956 (Parliament Act 61 of 1956), or the Board constituted under the Punjab Khadi and Village Industries Board Act, 1955 (Punjab Act 40 of 1956), from the payment of tax under the Haryana General Sales Tax Act, 1973, subject to the condition of their obtaining an exemption certificate in the form annexed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of assessment, i.e., December 30, 1974 to March 31, 1975. What has to be seen by the Board at the time of issuing of certificate after the filing of the application by the assessee-firm is that it (assessee-firm) is genuine and it worked as a co-operative industrial society during the period mentioned in the certificate. But the Board cannot certify about its genuineness and working as a co-operative society for the period yet to come, or in other words for the period subsequent to the date of issuing of the certificate of exemption. Therefore, the exemption certificate issued under section 13 of the Act would become retrospective from the date a genuineness certificate was issued by the Board for the period November 1, 1973 to March 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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