Commercial Tax Officer, Rajasthan vs Binani Cement Ltd. & Anr

The Supreme Court upheld the High Court's decision dismissing the Revenue's revision petition regarding the eligibility certificate for sales tax exemption under the 'Sales Tax New Incentive Scheme for Industries, 1989'. The Court clarified that the respondent-assessee, a new industrial unit with fixed capital investment exceeding Rs.500 Crores, qualifies for the exemption as per the provisions of the Rajasthan Sales Tax Act, 1954, specifically under Section 4(2). The Court affirmed that the respondent's commencement of commercial production during the operative period of the scheme satisfies the criteria for being classified as a 'New Industrial Unit'.