2023-VIL-802-BOM
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VAT High Court Cases

Maharashtra Value Added Tax Act 2002 - Section 93 (1)(A) - Package Scheme of incentives – Entitlement for exemption of tax at 100% on total eligible production sold under CST Act - assessee case that it was entitled for exemption of tax at 100% on total eligible production sold under CST Act, however, assessing officer applied pro-rata test and granted proportionate exemption in proportion of expansion – Revenue appeal against Tribunal order holding that grant of pro-rata exemption was not correct and respondent-assessee was entitled to 100% exemption – HELD - the entitlement certificate was on the basis of investment and not on account of increase in production capacity or, as the case may be, acquisition of new fixed capital assets – Respondent-assessee is claiming exemption and has been granted exemption earlier as per notification issued under Section 8(5) of the CST Act and as per the 1993 package scheme of incentives. Admittedly, there is no provision for reduction of exemption either under the 1993 package scheme of incentives or under the CST Act, 1956 - the Tribunal was correct in holding that the pro-rata exemption granted was not correct and respondent was entitled to 100% exemption. Further, Section 93 of MVAT Act also will not be applicable to the facts in hand because same is applicable only where the eligibility certificate and certificate of entitlement has been granted to an eligible unit on account of increase in production capacity, or as the case may be, acquisition of new fixed capital assets - the order passed by the Tribunal the upheld and Revenue appeal is dismissed
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