GAGAN GASES LIMITED Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner - company is carrying on the business of LPG bottling plant. The State Government of Madhya Pradesh has issued a notification dated October 6, 1994, in exercise of powers under section 12 of the Madhya Pradesh General Sales Tax Act, 1958 whereby a power to grant exemption to the dealers, up to 250 per cent of the capital investment in fixed assets for a period of nine years from the commencement of commercial production, has been provided. The petitioner - company applied for and was granted the requisite exemption as per exemption certificate dated June 1, 1999. The capital investment made by the petitioner - company in fixed assets was taken as Rs. 147.47 lacs and exemption was granted for a period from March 7, 1995 till March 6, 2004.

(2.) THE petitioner - company has claimed that it had made some subsequent investments to the extent of Rs. 3,36,45,383 and therefore, under the notification in question, it was entitled to a further exemption of 250 per cent of the aforesaid invested amount also. Consequently, the petitioner - company applied for grant of further exemption through an application dated December 4, 1998.

(3.) THE petitioner - company approached the State Appellate Forum, by filing an appeal against the decision of the State Level Committee. In the appeal, the petitioner - company appears to have taken detailed grounds on facts and had also relied upon a large number of decisions, which are claimed to be in its favour. However, the appeal filed by the petitioner - company, has also been rejected by the State Appellate Forum vide order dated October 12, 2001. The order passed by the State Appellate Forum is appended as annexure P1 with the present petition.