Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Circulars/Government orders/Notifications Tax Exemption Notification on levy of sales tax on purchase of raw materials |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Circulars/Government orders/Notifications: Tax Exemption Notification SRO 1727/1993 – Exemption for period of five years from levy of sales tax on purchase of raw materials – Entitlement to exemption – Commencement of exemption, from the date of approval of the project by the Central Government or from the date of commencement of production – Assessing Authority commuted the period of five years from 16.12.1993 – Held: Letter dated 16.12.1993 on a plain reading appears to be a mere permission – Letter of permission contained standard conditions which described the commercial assent “letter of intent” – Actual approval in clear terms enabling the benefit of exemption was issued on 27.10.1994, when “Green Card” was issued by the Central government – Thus, the term “approval” was issued in the letter dated 27.10.1994 – Date of approval was 27.10.1994 and that would be the reckonable date for grant of exemption under the Notification and the assessee could have availed exemption after 27.10.1994 – Assessee’s case that it commenced production only on 10.10.94 which is the reckonable date, is not persuasive. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 716 |
Petitioner | State Of Kerala |
Respondent | M/s Akay Flavours And Aromatics Ltd. |
SCR | [2023] 2 S.C.R. 339 |
Judgement Date | 2023-02-02 |
Case Number | 7330 |
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