Supreme Court of India

State of Orissa and Ors. v. M/s. Tata Sponge Iron Ltd.

Neutral citation
Reported as [2007] 10 S.C.R. 29
Bench S.B. Sinha and H.S. Bedi JJ.
Decided 18 September 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that for the incentive under paragraph 7 .5 read with entry No.44 as notified in S.R.O No. 1019of1992, exemption D of tax did not provide any period oflimitation.

Judgment, page 9

From the headnote

Orissa Sales Tax Act-s. 6-Sales Tax-Exemption from­ Provided under Industrial Policy Resolution (IPR) 199 2-ln the IPR . as well as in consequent Notification no period provided, limiting the exemption-Claim of exemption by Industry-Denied by Authorities- In Writ Petition allowed by High Court-On appeal, held: The industry was entitled to the exemption to the extent of 75% of the amount invested in Plant and Machinery-In view of the legal provisions and the Notification, no period of /imitation for seeking exemption prescribed Interpretation of Statutes-Taxing statutes-Exemption

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