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1 - 3 of 3 (0.20 seconds)Andhra Pradesh General Sales Tax Act, 1957
Shv Energy South East Limited, ... vs State Investment Promotion Board, ... on 13 March, 2003
19. In fact, at the time of hearing, though we have specifically asked the counsel appearing for the department to specify which part of the earlier Government orders are applicable or which part of the earlier G.O., can be treated as part of the present G.O., to consider any specific benefit the learned Counsel was not able to specify the same, which would go to show that though the G.O., reads as if it was issued in modification of the earlier G.Os., but the scheme of incentives provided under this G.O., is totally new and independent containing all the terms as required for the determination and conferment of incentives. In fact, a division Bench of this Court to which one of us (BRSR, J.) was a party, on an earlier occasion in Shv Energy South East Ltd. v. State Investment Promotion Board [2004] 136 STC 100; [2003] 36 APSTJ 37, while considering the terms of this G.O., held that the G.O., is a complete code by itself covering all the areas where the State intended to grant or extend the benefit of incentives. Further, when a totally different definition was adopted as to the "base turnover" in the present G.O., there is absolutely no justification for the Department to rely upon the different definition provided in G.O. Ms. No. 386, which was further clarified in G.O. Ms. No. 75 to deny the benefits of tax deferral in respect of the expanded units. By the Government order what is contemplated is only that the unit has to achieve the "base turnover" as is contemplated under the Scheme, which is the best production within three years preceding the expansion or the maximum capacity expected to be achieved by the industries as per the appraisal made by the financial institution and not with reference to any turnover in terms of monetary value. The Co., also has no reference to any level of sales to be effected either locally or inter-State. A dealer would effect sales as per the markets' demands in its best interest and it would be impossible and impracticable to fix up any levels of local sales or any other sales for conferring the benefit of incentives, and, in fact, no such restriction can be assumed or presumed in terms of the Co., as there is no such reference at all.
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