2017 (6) TMI 838

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..... Act 1956 (for short, 'CST Act'). 2. The challenge in this Writ Petition is to the assessment order passed by the first respondent, vide proceedings, dated 09.06.2003, in CST/33492, for the assessment year 2001-2002, whereby and whereunder, the petitioner's claim for availing the deferral scheme has been denied. 3. The learned counsel appearing for the petitioner has submitted that the issue involved in this Writ Petition is covered by the decision rendered by the Hon'ble Division Bench of this Court, reported in (2007) 6 VST 140 (Mad) in re (India Cements Limited Vs. Assistant Commissioner (CT) Fast Track, Assessment Circle -II, Chennai and others), wherein, the Hon'ble Division Bench, interpreted the aspect of availin .....

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..... tly pointed out by the learned counsel for the petitioner, the issue involved in this Writ Petition is covered by the aforementioned decisions. In the decision rendered by the Hon'ble Division Bench of this Court in India Cements Limited's case, (cited supra), the aspect regarding the eligibility for sales tax deferral scheme has been interpreted, and it would be beneficial to quote the relevant para from the said judgment, which reads as follows:- " In view of the elaborate discussions made above, we are of the considered opinion that the benefit of deferral of sales tax for the sales made in excess of the base sales volume cannot be denied to the holder of the eligibility certificate, if the actual production of the industry in .....

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..... s in the 3 years prior to expansion. Thus the industries will have to pay the taxes due upon the turnover and until the Base Production Volume/Base Sales volume mentioned in the Eligibility Certificate is achieved. The BPV/BSV shall have to be worked out and incorporated in the Eligibility Certificate by SIPCOT and other district centres as per above Government order. Hence if the details are not available the particulars of production/sales for prior three years shall be ascertained from the books of the dealers and Eligibility Certificate got amended to incorporate the particulars to avoid any dispute. As per decision of Tamil Nadu Taxation Special Tribunal in 2 (2009) 2 SCC 90 O.P.1229/1230/1231/98 dated 23.11.1998. Mercury Fittings (P) .....

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