M/S POLYCAN INDUSTRIES vs COMNR. OF TRADE TAX, U.P. LUCKNOW(U.P.) — C.A. No. 3348/2000
Case under Section III-A. Status: Disposed.
CNR: SCIN010128321999
Filing Date
17-Aug-1999
Registration No
C.A. No. 3348/2000
Diary Number
12832/1999
Order Date
17-Aug-2005
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 06-Jun-2026
Acts & Sections
Petitioner(s)
-
1.M/S POLYCAN INDUSTRIES
Adv. B. S. BANTHIA (Dead / Retired / Elevated)
Respondent(s)
-
1.COMNR. OF TRADE TAX, U.P. LUCKNOW(U.P.)
Adv. KAMLENDRA MISHRA
Case History
Case Summary: M/S Polycan Industries v. Commissioner of Trade Tax, U.P. Lucknow Outcome: The Supreme Court allowed the appeal and remitted the matter to the Divisional Level Sales-tax Exemption Committee for reconsideration on merits. The Court clarified that under the U.P. Trade Tax Act, 1948, a unit can qualify for exemption if it owns either the land OR the building OR both—not necessarily both. The Committee must reconsider whether the appellant owns the building and grant it a hearing opportunity before deciding. No costs awarded. Next Steps: The Committee will reassess the exemption application, specifically examining building ownership and addressing other grounds for denial previously raised. This case analysis is maintained by casestatus.in based on publicly available court records.
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