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november 2000

Supreme Court of India · 2000-11-15

Aditya Cement vs Commercial Taxes Officer, Rajasthan

Citation / case number
AIRONLINE 2000 SC 6
Court
Supreme Court of India
Petitioner
Aditya Cement
Respondent
Commercial Taxes Officer, Rajasthan
Bench
B.N. Kirpal, N. Santosh Hegde, Doraiswamy Raju

Judgment text excerpt

The Supreme Court upheld the High Court's decision in Commercial Taxes Officer v. Aditya Cement, affirming that the appellant, despite being a prestigious new industry, is not entitled to a 90% deferment of tax under the Rajasthan Sales Tax New Deferment Scheme for Industries, 1989. The Court clarified that while large scale cement plants can claim a deferment of tax, it is limited to 50% of their tax liability as per Clause 4 of the notification, applicable to units with an investment of Rs. 100 crores or more in non-tribal sub-plan areas. Consequently, the appeal was dismissed with no costs.

Aditya Cement vs Commercial Taxes Officer, Rajasthan · Niyam