TATA CUMMINS LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioner, Tata Cummins Ltd. , a company registered under the provisions of the Companies Act, 1956 (hereinafter referred to as "the Company") seeking a declaration that the petitioner is entitled to avail of the benefit of set-off of sales tax, with effect from January 1, 2004 in terms of the Jharkhand Industrial Policy, 2001 read with S. O. Nos. 65, 66 and 67, all dated January 12, 2002, issued under the Bihar Finance Act, 1981 with other consequential reliefs. Alternative prayer has also been made for issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction under article 226 of the Constitution of India directing the respondents to dispose of the application preferred by the petitioner on December 26, 2003 (annexure 6 to the writ petition), as early as possible, preferably within a time frame.

(2.) THE issue involved in the present case is whether the petitioner is entitled to avail the benefit of set-off of sales tax with effect from January 1, 2004 in terms of the Jharkhand Industrial Policy, 2001.

(3.) THE then State of Bihar issued an Industrial Policy in the year 1995, known as "bihar Industrial Policy, 1995", whereunder provision was made to grant benefit of "exemption of sales tax on purchase of raw materials and on sale of finished goods" to industrial units. Two notifications bearing S. O. Nos. 478 and 479, both dated December 22, 1995 were issued by the then "state of Bihar" providing the benefit of exemption of sales tax on purchase of raw materials and on sale of finished goods to new industrial units.