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1989 Supreme(Cal) 466

PRABIR KUMAR MAJUMDAR
ABN FOOD AND BEVERAGE PVT. LTD. – Appellant
Versus
ASSISTANT COMMISSIONER OF COMMERCIAL TAXES – Respondent


Advocates Appeared:
Bhaskar Gupta, J.C.SAHA, S.N.BOSE, Sudipta Bose

PRABIR KUMAR MAJUMDAR, J.

( 1 ) BY this writ application the petitioner-company is asking for a direction upon the respondent No. 1 to allow the benefit of exemption of tax holiday as contemplated in the Notification being No. 1177-F. T. dated 31st March, 1983, issued under Section 4aa of the West Bengal Sales Tax Act, 1954 (hereinafter referred to as "the said Act") from 16th November, 1985, instead of 4th February, 1986. By this application the petitioner has also challenged the imposition or demand of "turnover tax" during the period of tax holiday and also refusal or withholding of declaration forms by the commercial tax authorities for non-payment of "turnover tax" during the relevant period of tax holiday. The petitioner is also asking for refund of the turnover tax collected by the authorities during the period of tax holiday.

( 2 ) THE petitioner has set up a small-scale industrial unit (hereinafter referred to as "the said unit") at Mangalbari in the district of Maldah, West Bengal, for manufacturing biscuits, a notified commodity under Section 25 of the said Act. The petitioner's said unit was duly registered with the Director of Cottage and Small-scale Industries on 3r
































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