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november 2006

Supreme Court of India · 2006-11-07

COMMERCIAL TAXES OFFICER, JODHPUR vs M/S. VISHNU METALS

Citation / case number
SC 2000/10285
Court
Supreme Court of India
Petitioner
COMMERCIAL TAXES OFFICER, JODHPUR
Respondent
M/S. VISHNU METALS
Author
ASHOK BHAN,ALTAMAS KABIR,DALVEER BHANDARI
Bench
ASHOK BHAN,ALTAMAS KABIR,DALVEER BHANDARI

Judgment text excerpt

The Supreme Court upheld the Rajasthan Tax Board's decision allowing M/s Narpat Steels Private Ltd.'s appeal against the District Level Screening Committee's rejection of its application for an Eligibility Certificate under the Sales Tax New Incentive Scheme for Industries, 1989. The Court interpreted Section 4(2) of the Rajasthan Sales Tax Act, 1954, clarifying that the definition of 'expansion' requires both a 25% increase in production and fixed capital investment. The Court found that the assessee met the production criteria by including job work, thus qualifying for the incentive scheme.

COMMERCIAL TAXES OFFICER, JODHPUR vs M/S. VISHNU METALS · Niyam