SONE VANASPATI Vs. STATE OF BIHAR
LAWS(PAT)-1994-1-21
HIGH COURT OF PATNA
Decided on January 10,1994

Sone Vanaspati Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

ANIL KUMAR V/S. STATE OF WEST BENGAL [REFERRED TO]
INDIA VASANT KUMAR RADHAKISAN VORA V/S. THE BOARD OF TRUSTEES AMRAPALI FILMS LTD. V/S. STATE OF BIHAR [REFERRED TO]
CHAITNYA CHARAN DAS VS. STATE OF WEST BENGAL [REFERRED TO]
STATE OF WEST BENGAL VS. DEEKAY COCOANUT OIL INDUSTRIES [REFERRED TO]
CHETAL SAO VS. STATE OF BIHAR [REFERRED TO]
RITA MISHRA VS. DIRECTOR PRIMARY EDUCATION BIHAR [REFERRED TO]
TATA NAGAR AGRI TOOLS (P LTD VS. STATE OF BIHAR [REFERRED TO]



Cited Judgements :-

STATE OF WEST BENGAL VS. DEEKAY COCOANUT OIL INDUSTRIES [LAWS(CAL)-1996-6-8] [REFERRED TO]
CHAITNYA CHARAN DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-1995-5-19] [REFERRED TO]


JUDGEMENT

S.B.SINHA, J. - (1.)THIS application is directed against an order as contained in Annexures 6 -A and 6 -C to the writ application whereby and where under a demand notice had been served upon the petitioner and the assessment proceeding has been directed to be continued.
(2.)BEREFT of all unnecessary details the fact of the matter is as follows: The petitioner is an existing company, incorporated under the Indian Companies Act, 1956, and carrying on business in Vanaspati at Barun in the district of Aurangabad, whereas its factory is situate.
The State adopted a resolution on 21st February, 1990 known as Industrial Policy, 1990 with a view to accelerate growth of Industry in the State of Bihar and by reason thereof a new scheme was inter alia introduced granting benefits of Sales -tax to the small and medium scale industries. The petitioner -Company was incorporated on 31st March, 1990. A term loan of Rs. 5.30 lakhs was sanctioned to the petitioner. A Factory for manufacturing vanaspati was set up at Barun by the petitioner which is a medium scale industry and its trial production started from 21st May, 1993.

(3.)THE State of Bihar again adopted a policy decision on 10th June, 1993 known as 'Industrial Incentives Policy, 1993 '. A copy of the said resolution is contained in Annexure -3 to the writ application. In terms of the said policy decision the Industries which have commenced or may commence production in between the period from 1.4.1993 to 31st March, 1998. are to get the benefit of exemption from payment of Sales -Tax for a period of ten years from the date of production.


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