Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | UP. Trade Tax Act 1948 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Trade Tax Act, 1948:s.11 - Notification No.1093 dated 27.7.1991 - Clause (6) - Exemption under-Computation of - Held: Computable on sale of goods in an assessment year in excess of base production Requirement of filing returns from month to month and depositing admitted tax while filing return would not mean that exemption could be granted only on sale of goods effected after base production is achieved - Tax paid at the time of filing return would be subject to adjustment at the time of finalization of assessment - Intention. of legislature in that regard is clear and unambiguous. Assessee had been engaged in the business of manufacture of bulk drugs. It was granted eligibility certificate under s.4A of the U.P. Trade Tax Act under Notification No.1093 dated 27.07.1991 in respect of the expansion undertaken by it to manufacture paracetamole, which is bulk drug. The base production was fixed at 172.8 MT. During the assessment year 1992-93, total sales made by the assessee from 01.04.1992 to 31.03.1993 was 382.125 MT. According to the assessee, it was entitled for the benefit of exemption under s.4-A of the Act on the turnover of the production of 209.325 MT. It claimed that during the assessment year in dispute, returns had been filed disclosing the total sales made by it and had claimed exemption from payment of tax only to the extent of sales made by it to the extent of 140.75 MT. during the whole year. Assistant Commissioner accepted the books of account and the disclosed turnover but restricted the claim of exemption to the extent of 70.325 MT instead of 140.75 MT. Assessee filed appeals which were dismissed on the ground that the exemption from payment of tax cannot be claimed upto the period till the base production turnover has not been achieved. On appeal, Tribunal held that base production has been achieved on 23.09.1992 and, therefore, whatever the sale was made upto 23.09.1992 shall not be entitled for exemption and the assessee was entitled for exemption only after 23.09.1992 on the production in excess of the base production. The High Court found substance in the plea of the assessee and set aside the order of Tribunal. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1155 |
Petitioner | Commissioner Of Trade Tax, U.p. |
Respondent | M/s. Malviya Chemical And Pharmaceutical Private Limited, Ghaziabad |
SCR | [2007] 12 S.C.R. 68 |
Judgement Date | 2007-11-15 |
Case Number | 5252 |
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