petitioner unit claims that in order to take advantage
of sales tax exemption granted in S.R.O.No.1092/99, had made additional
investment ... modification of the certificate issued earlier by granting additional sales tax
exemption for making additional investment for modernisation, expansion etc.,
and the General Manager
Maximum |Maximum time |
|No. | |percentage of |exemption in |limit for |
| | |exemption from |terms of |availing |
| | |tax |percentage of |exemption from|
| | | |fixed capital |tax |
| | | |investment ... total percentage of
exemption from tax is 90% of total tax liability and the maximum time
limit for availing exemption from tax is eleven years
exemption from the payment of sales tax or purchase tax or both
or deferment of tax.”
18. He has laid immense emphasis on the term ... referring to CIT v. Straw Board Mfg. Co.
Ltd [4] and Bajaj Tempo Ltd. v. CIT [5], the Court ruled that an
exemption notification
made within the State and liable
to tax;
(ii) amount of tax payable under the Central Sales Tax Act,
1956 , on the sales of finished ... entitlement exemption/exemption certificate as may be opted as
under:-
... ... ...
Provided that in the case of exemption the benefit shall extend to
tax on gross
unit for tax exemption. He also found that the
entitlement of the unit for exemption from payment of tax is to be certified ... State
exemption was granted reserving right to withdraw the exemption.
Exemption was granted to edible oils. Subsequently Apex Court declared
that exemption granted in favour
brackets indicate number of years for sales tax deferment in lieu of sales tax exemption, if opted.
(underlining Here italicised is by us)
10. Item ... that the expression "sales tax exempted" or "sales tax deferral" would include all the taxes payable under the provisions
Commissioner Of Income Tax (Exemption) vs Sai Ashish Charitable Trust on 4 September, 2015
Bench: Chief Justice , Kurian Joseph , Amitava Roy
ITEM NO.77 COURT ... High Court Of Delhi
At New Delhi)
COMMISSIONER OF INCOME TAX Petitioner(s)
VERSUS
SAI ASHISH CHARITABLE TRUST Respondent(s)
(With appln
made within the State and liable to tax;
(ii) amount of tax payable under the Central Sales Tax Act, 1956 ,
on the sales of finished ... made within the State and liable to tax;
(ii) amount of tax payable under the Central Sales Tax Act, 1956 ,
on the sales of finished
that the tax payable under the provisions of Entry Tax Act is a monthly tax and not yearly tax and the exemption notification issued ... levy of tax under the provisions of Entry Tax Act is 'annual tax'? and
II. Whether the exemption notification issued under
Development Plot, Andoor, have applied for Kerala general sales tax/Central sales tax/purchase tax exemption for new unit (strike out whichever is not applicable ... exemption from Kerala general sales tax/Central sales tax/purchase tax/additional sales tax/surcharge and turnover tax (strike out whichever is not applicable
