TMI Blog2000 (5) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... new industrial units under the small-scale industries and existing industrial units which effects diversification/expansion/modernisation on the turnover of sale of goods manufactured and sold by such units and on the turnover of goods taxable at the point of last purchase in the State and used by such units in the manufacture of goods subject to certain conditions. The exemption will be given onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plant and machinery only". In other words an interpretation was taken that, value of the vehicle cannot be included for getting exemption as it is not part of plant and machinery. Government order was clarified by Government Circular dated October 25, 1990 where Government clarified how value of the plant and machinery is to be calculated. It states as follows: "(c) Plant and machinery: (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted above. Therefore, contention of the petitioner is that petitioner is entitled to the benefit of the S.R.O. in view of the circular issued by the Government clarifying the S.R.O. by the Government itself. It is not disputed that S.R.O. circular issued by the Government is binding on the Government and the respondents and the clarification issued by the Government will override the clarificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w orders are passed as directed, by the General Manager. In O.P. No. 4764 of 2000 it is also contended that in view of the circular the car was seized. The above car also may be released to the petitioner on execution of a bond that he will pay the demand if any after passing the order by the General Manager on the question of exemption and also undertaking that he will not alienate the vehicle an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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