Judgment :- 1. The petitioner is a firm registered under the Indian Partnership Act. The partners are M/s. K.V. Giri, K.V. Sivadas and Mrs. Pechi Ammal. 2. The Government in the year 1980 issued Notification S.R.O. No. 968/80 under S.10 of The Kerala General Sales Tax Act, for short The Sales Tax Act. This Notification provides that a Small Scale Industry is entitled to a tax holiday for a period of five years from the date of commencement of sale of its product subject to the condition that the tax if any, collected by such industry by way of tax on its sale shall be paid over to the Government and the Sales Tax, if any, already paid by such industry to the Government shall not be refunded. There are two provisos added to this Notification. The first proviso provides that the industry shall produce the proceedings of the General Manager, District Industries Centre declaring the entitlement of the unit for exemption from Sales Tax. The second proviso provides the procedure to work out the concession claimed by such a unit. It says that the cumulative sales tax concession granted to a unit at any point of time within this period shall not exceed 90% of the cumulative gross fixed capital investment of the unit. 3. That the petitioner is entitled to Sales Tax exemption is beyond dispute, in view of the fact that the General Manager, District Industries Centre has already issued a certificate in that regard. The petitioner therefore is entitled to claim the concession in terms of the second proviso. He should however make the claim in the manner prescribed under this proviso. Let us therefore try to understand the scheme of the proviso. The proviso provides that the cumulative sales tax concession granted to a unit at any point of time within the five years' period shall not exceed 90% of the cumulative gross fixed capital investment of the unit. The word 'cumulative' used in the proviso both before the words 'sales tax concession' and the expressions 'gross fixed capital investment' would show that the unit can claim an aggregate 90% of the gross fixed capital investment as sales tax exemption at any point within the five year period. 4. The word 'cumulative' used in the proviso both before the words 'sales tax concession' and the expressions 'gross fixed capital investment' would show that the unit can claim an aggregate 90% of the gross fixed capital investment as sales tax exemption at any point within the five year period. 4. To understand the scope of the proviso (second proviso) it is necessary to refer to R.4 of the Rules for Grant of Sales Tax concession to small scale industrial units issued as per G.O.(P) NO.313/81/ID dated 21st November, 1981. This rule says that the total quantum of the sales tax concession during the period of eligibility will be determined in such a manner that at any point of time, the cumulative sales tax concession shall not exceed 90% of the total fixed capital investments by the unit on land etc. This rule would indicate that during the tax holiday the unit can make additional investments so that as and when the additional investments are made the unit can claim additional exemption to the extent of 90% of the additional investment. The time at which it can be claimed is the time when the investment is made. If that be the position, in a given case where the unit has already enjoyed the concession within say, a span of two years and the additional investment was made in the fourth year, the additional concession can be claimed only in the year of investment and not in any other year or previous year even assuming that in the previous year he could not get the concession for the reason that he had already enjoyed the concession in the year previous to that. Nonetheless this concession can be claimed in the next year provided the tax, the unit was found liable to pay in the fourth year did not exceed the totality of the concessions he could claim during the eligibility period. It therefore follows that on that unit establishing the fact of additional investment the Sales Tax Officer is bound to give it the exemption in terms of the second proviso. The exemption however, is restricted to 90% of the total investment. This concession can be enjoyed only when the assessment is made. It therefore follows that on that unit establishing the fact of additional investment the Sales Tax Officer is bound to give it the exemption in terms of the second proviso. The exemption however, is restricted to 90% of the total investment. This concession can be enjoyed only when the assessment is made. Under the Sales Tax Act as in the case of The Income Tax Act, each year is a unit of assessment and therefore the exemption can be granted only in respect of the sales pertaining to that particular year of assessment. The assessment year in which the additional investment is made is the year in which the exemption in regard to that additional investment can be claimed. However the exemption can be claimed in the succeeding years of the eligibility period, provided the tax, the unit is liable to pay in that assessment year does not exhaust the totality of the exemption the unit can claim during the tax holiday. 5. In the light of what is stated above the proceeding contemplated under Ext.P3 requires to be investigated. The investigation in respect of the proceedings however, shall be in the line indicated in this judgment. The authority concerned, shall keep in view the decision of the Supreme Court in Cement Marketing Company of India Ltd. v. Asst. Commr. of Sales Tax, Indore (AIR. 1980 S.C. 346) also while considering the question as to whether penalty under the circumstances is leviable at all. The O.P. is disposed of as above. Issue carbon copy on usual terms.