VidhiSangh

Supreme Court of India · 02/02/2023

STATE OF KERALA versus M/S AKAY FLAVOURS AND AROMATICS LTD.

[2023] 2 S.C.R. 339 · 2023 INSC 716

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Summary

A Kerala notification of 1993 exempted hundred per cent export oriented units from sales tax on raw materials, plant and machinery 'for a period of five years on the date of approval of such units by the Central Government'. The Revenue reckoned the five years from a Central Government letter of 16 December 1993, while the assessee, a spice extract manufacturer, claimed the period ran from commencement of production in October 1995. The Supreme Court partly allowed the appeals: the 1993 letter was a conditional letter of intent, and the unambiguous approval was the 'Green Card' issued on 27 October 1994, so exemption runs from that date; the date of commencement of production cannot be the reckonable date because a unit holder's delay in setting up production should not be rewarded and such a test would inject subjectivity into assessment.

Issues

  1. Whether the five-year sales tax exemption under Kerala notification SRO 1727 of 1993 for export oriented units commences from the Central Government's letter of permission, from its formal approval, or from the date the unit commences production.

Provisions considered

Held

Result

Appeals partly allowed; the date of approval under notification SRO 1727 of 1993 held to be 27.10.1994, from which the five-year exemption is to be reckoned; leave granted in SLP (C) No. 36394 of 2011.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 339.