TMI Blog2009 (5) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... erty by procuring necessary release deeds to be executed by other co-owners or otherwise and produce the same before the first respondent/State Level Committee for considering the claim for exemption within two months. On producing the same, the first respondent shall reconsider . - W.P. (C). No. 13061 of 2008 - - - Dated:- 25-5-2009 - RAMACHANDRA MENON P.R. , J. P.R. RAMACHANDRAN MENON J. The grievance of the petitioner is against turning down the claim for sales tax exemption with respect to the building , though the exemption sought for with regard to the plant and machinery stands accepted. The case of the petitioner is that he started commercial production on August 20, 1998 and the expansion was completed on August 31, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on while passed exhibit P2 order by the fourth respondent was dated May 19, 2004 and hence that the amendment brought about as per the said G.O. was not a subject-matter in exhibit P5 verdict. On going through exhibit P5 verdict passed by this court, it is revealed that, as per the stipulations then existed for granting sales tax exemption and investment subsidy, it was necessary to have either owned the land or taken on long term lease for ten years. In the said case, the concerned petitioner owned the land in question as a co-owner . Admittedly, there was no matter of dispute for the other joint owners of the property who were the children of the petitioner. In the said circumstances, the petitioner therein was directed to appear a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in such property has not undergone any substantial change, even after the amendment. In this context, it is also relevant to note the legal consequences with regard to the question of registration of lease deed as well. By virtue of section 17(1)(d) of the Registration Act a lease deed for a period of one year or more is liable to be registered as a matter of mandatory requirement. The effect of non-registration of documents which are compulsorily liable to be registered is dealt with under section 49 of the Registration Act and clause (c) of section 49 specifically says that such deeds cannot be received as evidence of any transaction affecting such property or conferring such power. However, registration of any document can be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch circumstances, it could have been considered only on the basis of the provision as it stood then, as dealt with by this court in exhibit P5 judgment as well. Considering the case in the above perspective, the only point is whether the petitioner is having absolute right over the property in question. To have absolute right, it is very much necessary that the petitioner ought to have obtained requisite release deeds to be executed by other co-owners as well and it should have been produced before the authority for substantiating the claim for exemption; placing reliance on the dictum in exhibit P5 judgment. Accordingly, the matter is disposed of, directing the petitioner to produce proof as to his absolute right over the property by pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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