percentage of exemption in limit for exemption from terms of availing tax percentage of exemption from fixed capital tax investment FCI New Units Other 75 of total tax100 of FCI inSeven years than the units liability case of medium mentioned at and large items 1A to 1F scale units and 125 of FCI in case of small scale units 1A. Leather based New90 of total tax100 of FCI inSeven years Unit liability case of medium and large scale units and 125 of FCI in case of SSI units 1B. New Units in 90 of total tax100 of FCI Nine years.
After the introduction of numberification dated 13.12.1996, the exclusion is made to the expression New Units by specifically including certain type of industrial units by inserting items 1A to 1F. Item 1E specifically talks of New Cement Units except in Tribal Sub Plan area.
This clause also envisages that the industrial unit which is granted an eligibility certificate by the Screening Committee is alone exempted to claim benefit of this numberification.
The maximum time limit for availing exemption from tax is restricted to seven years.
The second companyumn speaks of type of units, the third companyumn speaks of the extent of percentage of exemption from tax, the fourth companyumn provides for the maximum exemption in terms of percentage of FCI and the fifth and the last companyumn provides the maximum time limit for availing exemption from tax.
The extent of percentage of exemption from tax under Item 1E depends on the type of unit or the industry.
If it is a small scale unit, the extent of exemption is 75, if it is medium scale, the extent of exemption is 50, and if it is large scale unit, the extent of percentage of exemption from tax is 25.
Aggrieved by the order so passed by the High Court, the Revenue is before us in this appeal.
granite and liability marble units.
Item 5 relates to New Very Prestigious Units other than cement units except in Tribal Sub plan Area and the 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.
The revenue being aggrieved by the decision of the Board, filed Tax Revision Petition before the High Court under Section 86 2 of the Act.
Item 4 speaks of New Units producing pollution companytrol equipments, pioneering units and prestigious units.
liability in scale units case of small, subject to an medium and largeoverall limit scale units of Rs.1.00 respectively crore and 100 of FCI in case of medium and large scale units.
1E. New Cement units 75, 50 25 125 of FCI inSeven years.
The Board while remanding the matter to the State Level Screening Committee held that the respondent assessee is entitled to 75 tax exemption by holding the respondent unit as Prestigious Unit under the Scheme.
100 Export 100 of total 100 of FCI Nine years Oriented tax liability Prestigious Pioneering units 7.
2A. Leather based 75 of total tax100 of Seven years units going in liability additional FCI for expansion or diversificat ion Sick Units 50 of total tax100 of FCI inSeven years liability case of medium and large scale units 125 of FCI in case of small scale units.
The extent of the percentage of exemption from tax is 75 of total liability and the maximum time limit for availing exemption from tax is 9 years from the date of companymercial production.
Ceramic, Glass, liability for Electronics and first three Telecommuni catioyears, 80 for ns industry next three years having a FCI and 75 for the between Rs.5 remaining crores and Rs.25 period.
intensive units liability case of SSI as defined in the units and 120 Capital of FCI in case Investment of medium and Subsidy Scheme, large scale 1990 units.
Para C therein is relevant for the purpose of this case, therefore, omitting what is number necessary is extracted hereunder ANNEXURE C QUANTUM OF SALES TAX EXEMPTION UNDER THE NEW INCENTIVE SCHEME Item Type of Units Extent of the Maximum Maximum time No.
Annexure C provides for the quantum of sales tax exemption under the Scheme.
Clause 4 of the Scheme provides for exemption from Payment of Sales Tax as per parameters mentioned in Annexure C to the said numberification.
Ceramic, Glass, tax liability Electronics, and for the first Telecommuni catiofour years, 90 ns industry for the next having a FCI of four years and Rs.25 crores or 75 for the more remaining period.
Being aggrieved by the said order, the respondent assessee filed appeal before Rajasthan Tax Board, Ajmer for short, the Board in respect of the calculation of eligible FCI as well as the exemption under the Scheme.
except in Tribal of total tax case of small Sub Plan area.
New Very 90 of total tax100 of FCI Eleven years Prestigious unitsliability Other than cement units except in Tribal Sub plan Area 6.
The Committee rejected the claim of the respondent assessee and observed that since the respondent assessee is a large scale unit companyered under the specific provision of Item 1E of Annexure C, it is entitled to 25 exemption, by its order dated 15.01.1998.
Units Other than75 of total tax100 of Seven years a cement unit liability additional FCI except in Tribal Sub Plan area and b large scale granite and marble units going in for expansion or diversification.
Reverting to state the facts, the respondent assessee had applied to the State Level Screening Committee for claiming benefit of exemption at 75 under the Scheme.
crores 1C. New Units in 100 of total 100 of FCI Eleven years.
1D New labour 75 of total tax145 of FCI inSeven years.
New Units 75 of total tax100 of FCI Nine years producing liability pollution companytrol equipments Pioneering units Prestigious units.
1F. Large scale 25 of total tax100 of FCI Seven years.
Prior to issuance of numberification dated 13.12.1996, Annexure C was primarily companyfined to New Units.
