TMI Blog1997 (3) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... unal Act, 1995 (the RTT Act ) stating therein that it runs an oil extracting and manufacturing industry at Fateh Nagar. It applied for the issuance of an eligibility certificate (EC) to the District Level Screening Committee (DLSC), Udaipur, with a view to getting exemption from tax. This application was considered by DLSC and finally a decision was taken to grant EC to the petitioner-firm. It wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. A reply to this notice was filed on March 21, 1996. On March 22, 1996 the application dated March 28, 1994 was dismissed. On March 26, 1996 the petitioner-firm sent this application through registered post to this Tribunal which was received in the office of the Tribunal on March 27, 1996. During the pendency of the application, the petitioner-firm on August 20, 1996 moved an application prayin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption of tax can be granted only with regard to the tax payable under the CST Act. The alternative remedy has not been availed of by the petitioner-firm. Failure on the part of the assessing authority to dispose of the application within 120 days does not entitle the petitioner firm as a matter of right to claim tax exemption under the RST Act. 3.. Here we are concerned with the prayer for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing authority. In this case no such claim has been made or preferred before the DLSC on behalf of the petitioner-firm. In the second place, it is not in dispute that exemption was granted only under the CST Act and not under the RST Act. The assessing authority could give the tax exemption only under the CST Act. In the third place, the petitioner-firm suppressed this particular fact that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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