STATE OF WEST BENGAL Vs. DEEKAY COCOANUT OIL INDUSTRIES
LAWS(CAL)-1996-6-8
HIGH COURT OF CALCUTTA
Decided on June 05,1996

STATE OF WEST BENGAL Appellant
VERSUS
DEEKAY COCOANUT OIL INDUSTRIES Respondents





Cited Judgements :-

SONE VANASPATI VS. STATE OF BIHAR [LAWS(PAT)-1994-1-21] [REFERRED TO]
ACC LIMITED VS. ASSISTANT COMMISSIONER, COMMERCIAL TAXES, CORPORATE DIVISION AND OTHERS [LAWS(CAL)-2011-6-110] [REFERRED TO]


JUDGEMENT

SATYABRATA SINHA, J. - (1.)THIS appeal is directed against the judgment and order dated April 18, 1990 passed by a learned single Judge of this Court whereby and whereunder the said learned judge allowed the writ application filed by the writ petitioner-respondent No. 1 declaring section 2 (4) (b) (ii) of the West Bengal Taxation Laws (Amendment) Act, 1987 (hereinafter referred to as "the 1987 Amendment Act") in terms whereof section 6b (2) (e) of the Bengal Finance (Sales Tax) Act, 1941 was deleted, as unconstitutional.
(2.)THE fact of the matter lies in a very short compass.
The petitioner No. 1 is a company incorporated under the Indian Companies Act, 1956. In the year 1979 the State of West Bengal framed a scheme for the purpose of grant of incentives to the newly set up industries; in terms whereof such industries were to enjoy tax holidays for five years within a Metropolitan area and for seven years outside such area.

(3.)THE contention of the petitioners is that in view of the aforementioned scheme they were only entitled to enjoy tax holidays for the aforementioned period not only as regards payment of sales tax but also turnover tax in terms of the provisions of section 6b (2) (e) of the said Act which was deleted with retrospective effect by reason of the 1987 Amendment Act.
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