INSECTA PESTICIDES Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) HEARD Sri Rakesh Ranjan Agarwal, learned counsel for the revisionist and learned standing counsel for the respondent. The two questions of law involved in the matter are:

(2.) SO far as question No. (i) is concerned, this court finds that requirement relating to land, building, etc., are contemplated in Explanation (1) in the context of a new unit but in respect of units which are already existing but have undergone expansion, diversification or modernization, the matter is governed by Explanation (5), which reads as under:

(3.) THE question No. (i), therefore, is answered in favour of the assessee and it is held that it was required to satisfy the requirements contemplated in Explanation (5) and the requirement under Explanation (1) have wrongly been taken into account by the Tribunal in the impugned order, as the same is not applicable.