- (1.) The petitioner claims to carry on business of manufacture of plastic injection moulded goods. The petitioner is registered under the West Bengal Sales Tax Act, 1994 hereinafter referred to as the 1994 Act and the Central Sales Tax Act, 1956 hereinafter referred to as the 1956 Act, the Registration Nos. being AW/1870 and 1780 (AW) Central respectively. The petitioner is also registered under the Value Added Tax Act, the Registration No. being 19200688281.
(2.) Section 41 of the 1994 Act provides as follows: - "41. Remission of tax payable by new and existing industrial units. - (1) Where a registered dealer manufacturers any goods, other than such goods as may be prescribed, in a newly set up industrial unit established by him, or in an expanded portion of an existing industrial unit, in West Bengal, the tax payable by such dealer under this Act according to his returns referred to in sub-section (2) of Section 30 in respect of sales of such goods manufactured in such unit or purchase of goods for use directly in the manufacture of such goods shall, subject to such conditions and restrictions as may be prescribed, be remitted or continue to be remitted until the amount or the aggregate of the amounts of such tax exceeds the limit of such percentage of the gross value of fixed capital assets as on the date on which the tax becomes payable for a return period in respect of sales of goods manufactured in such newly set up industrial unit or expanded portion of such existing industrial unit, not exceeding one hundred and fifty per centum of such gross value as may be prescribed of seventy-five crore rupees, whichever is less, and different percentage of such gross value may be prescribed for such newly set up industrial units or expanded portion of such existing industrial units, having regard to the location of such units, in such areas as may be prescribed."
(3.) Under Section 41 newly set up industrial units are entitled to and upon expansion, expanded portion of the newly set up industrial units are entitled to remission of tax for such period of time as may be prescribed in Rule 137 of the Sales Tax Rules, 1905, framed under the 1994 Act.;