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1991 Supreme(SC) 362

M.N.VENKATACHALIAH, S.C.AGRAWAL
Mangalore Chemicals Fertilisers LTD. – Appellant
Versus
Deputy Commissioner Of Commercial Taxes – Respondent


Advocates:
Amrita Mitra, HARISH N.SLAVE, K.P.Kumar, M.VIRAPPA, NOBIN SINGH, P.K.RAM KUMAR, R.N.NARASIMHA MURTHY, Ravindra Narayan

JUDGMENT

 By this petition, Messrs Mangalore Chemicals & Fertilisers Limited, a registered dealer under the Karnataka Sales Tax Act, 1957, ("Act") seeks special leave to appeal to this Court from the judgment and order dated 14th August, 1990 of the High Court of Karnataka in W.P. No. 3436 of 1980.

We have heard Shri Harish Salve, learned counsel for the petitioner and Shr R. N. Narasimhamurthy, learned senior counsel for the respondent-Revenue. Special leave granted.

2. On 30th June, 1969, State Government issued a notification- in exercise of powers referable to S. 8A of the Act providing certain incentives to entrepreneurs starting new industries in the State, pursuant to States policy for "rapid industrialisation". The notification contains a package of reliefs and incentives including one concerning relief from payment of sales tax with which this appeal is concerned.

The clause in the said notification of 1969 relevant for the present purpose reads:

"(1). Sales tax: A cash refund will be allowed, on all sales tax paid by a new industry on raw materials purchased by it for the first five (5) years from the date of the industry goes into production, eligibility to the concessions be



















































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