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TMI Blog2013 (9) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, 1990/March 19, 1990, enabling him to claim exemption from payment of sales tax under an industrial policy, notified by the State of Punjab on March 30, 1989. The State of Punjab thereafter amended the Punjab General Sales Tax Act, 1948 (hereinafter referred to as, "the Act") by incorporating section 30A to provide for exemption from payment of sales tax, etc. The Punjab General Sales Tax (Deferment & Exemption) Rules, 1991 (hereinafter referred to as, "the Rules"), were notified on March 20, 1991. Rule 5 of the Rules provides for exemption from payment of sales tax provided an assessee applies for exemption within thirty days of issuance of an eligibility certificate. Section 30A of the Act and Rules, however, did not provide for exempt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olicy, it was required to apply within thirty days. The proviso to section 30A of the Act was introduced on March 29, 1990 whereas the petitioner applied for grant of exemption certificate on February 19, 1992. It is further submitted that the Excise and Taxation Commissioner is empowered to condone delay of six months alone and as provisions of the Limitation Act do not apply, the petitioner's application was rightly rejected. We have heard counsel for the parties and perused the impugned letter. Admittedly, the petitioner was issued an eligibility certificate dated March 5, 1990/March 19, 1990 under an industrial policy that predates enactment of section 30A of the Act. The State of Punjab realised that the industrial policy granting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , expansion or diversification has been carried out in accordance with the Industrial Policy, 1989, the Government may exempt such industries from the payment of tax with effect from the first day of April, 1989, subject to such conditions as may be prescribed: Provided further . . . Explanation.-For the purpose of this section,- (i) the Industrial Policy, 1989 shall mean the industrial policy of 1989, notified by the Government of Punjab in the Department of Industries, as amended from time to time. (ii) . . ." It would be appropriate at this stage to point out that the petitioner had obtained an eligibility certificate prior to this amendment and had filed an application for exemption from sales tax on February 19, 1992. An applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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