M M SYNTHETICS Vs. COMMERCIAL TAX OFFICER-II; ASSISTANT COMMISSIONER (CT) AND THE BRANCH MANAGER, TAMIL NADU INDUSTRIAL INVESTMENT CORPORATION LTD

JUDGEMENT

(1.) The petitioner is a dealer under the Tamil Nadu General Sales Tax Act, 1959. The petitioner has set-up a manufacturing unit at the SIDCO Campus, Theni, which is classified as a backward area and persons setting up Units were eligible to avail the deferral scheme. The petitioner made an application for availing the said scheme by an application dated 08.02.1994.

(2.) As a pre-requisite for availing the said scheme, the petitioner will have to get an Eligibility Certificate from the Tamil Nadu Industrial Investment Corporation Ltd., (TIIC), which is the third respondent herein. The 3rd respondent/Corporation gave an Eligibility Certificate dated 27.09.1994, granting the benefit of deferral spread out for a period of nine years as contemplated under the scheme.

(3.) Pursuant to this Eligibility Certificate, the petitioner entered into an agreement for payment of deferred sales tax by an agreement dated 07.12.1994. It was, thereafter a contention arose whether the petitioner was bound by the G.O.Ms. No. 119 dated 13.04.1994 or G.O.Ms. No. 500 dated 14.05.1990. It was the stand of the petitioner that the Department should not be allowed to enforce G.O.Ms. No. 119 dated 13.04.1994.