LAWS(MAD)-2016-3-251

SHREE KARTHIK PAPERS LIMITED Vs. THE ASSISTANT COMMISSIONER

Decided On March 17, 2016
Shree Karthik Papers Limited Appellant
V/S
The Assistant Commissioner Respondents

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a Writ of certiorarified mandamus, calling for the records on the file of the respondent in proceedings TNGST No.1960975 for the assessment years 2005 -2006 and 2006 -2007 dated 21.05.2012, to quash the same and consequently to direct the respondent to refund the TNGST and CST amounts paid by the petitioner for the period covered by the Interest Free Sales Tax Deferral Scheme as per Government Order in G.O.Ms.26 - Industries (IT) Department dated 03.02.2011.

(2.) It is the case of the petitioner that they are engaged in the manufacturing of writing and printing paper. The Government of Tamil Nadu, approved a scheme known as Interest Free Sales Tax Deferral Scheme for encouraging the manufacturing company situate in a remote place as an incentive. According to the petitioner, they are eligible and continues to be eligible for the Sales Tax Deferral Scheme as per the Government Order in G.O.Ms.26, Industries (IT) Department dated

(3.) 02.2011. The petitioner was granted the deferral period from 01.02.1995 to 31.01.2004, fixing the repayment period of 9 years payable from 01.02.2004 to 31.03.2013. The petitioner is also entitled to the deferral of sales tax not exceeding Rs.752.44 lakhs. Subsequently, the repayment schedule was revised starting from 01.04.2005.