SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(Mad) 3578

P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
The India Cements Limited & Another – Appellant
Versus
The Assistant Commissioner (CT) & Others – Respondent


Appearing Advocates:For the Petitioners:C. Natarajan, Sr. Counsel for M/s. N. Inbarajan, Advocate. For the Respondents:R1 & R3, P.S. Raman, Addl. Advocate General assisted by Haja Nazirudeen, Spl. GP (T), R2, Devaraj, Advocate.

Judgment :-

(W.Ps. filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari as stated therein.)

Common Order:

P.D. Dinakaran, J.

I. THE CONTROVERSIES

1.1. In the case of expansion unit of an existing industry, whether the industry will be eligible for sales tax deferral in any financial year if the production exceeds the Base Production Volume (in short, 'BPV') for the sales made in that year in excess of the Base Sales Volume (in short, 'BSV'), is the issue that arises for our consideration in W.P.Nos.13697 and 13698 of 2002.

1.2. In the case of diversified unit of an existing industry, whether the industry will be eligible for sales tax waiver in any financial year if the production exceeds the Base Production Volume (in short, 'BPV') for the sales made in that year in excess of the Base Sales Volume (in short, 'BSV'), despite the fact that the production of the existing unit and diversified unit are totally different and the existing unit was subsequently sold to a third party, is the issue that arises for our consideration in W.P.Nos.37042, 40030, 40031 & 44733 of 2002 and 3230, 3231, 3232, 3233, 3234 & 21162 of 2003.

II. GOVERNMENT ORDERS THAT ARE R









































































































































































































































































































































































































































































































































































































































































































































































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top