Supreme Court Digest of Recent Cases
(2006) 6 SCC 577

Sales Tax

Concession/Exemption/Incentive/Rebate

— Exemption — Turnover of sales of goods in excess of base production — Mode of computation — Year 1992-93 — Notification granting exemption to units which undertook expansion or diversification, on turnover of sale of goods manufactured in excess of base production — Notification permitting to avail of the said facility on turnover of goods in <169>any assessment year<170> — Relevant statute defining <169>assessment year<170> as twelve months ending on March 31 — In such circumstances the extent of entitlement to exemption, held, computable on the sale of goods in the assessment year minus the base production — Statutory requirement of filing returns month to month and depositing the admitted tax at the time of filing of the return did not mean that the exemption could be granted only on the sale of goods effected after the base production was achieved — The tax paid at the time of filing of the return would be adjustable at the time of finalisation of the assessment — Further held, intention of legislature in that regard was clear and unambiguous, (2006) 6 SCC 577



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