Civil Appeal No. 3413 of 2006. Case: Commissioner of Taxes, Jaipur Vs Vikas Wsp Ltd.. Kerala High Court Supreme Court Case

Case NumberCivil Appeal No. 3413 of 2006
Party NameCommissioner of Taxes, Jaipur Vs Vikas Wsp Ltd.
CounselFor Appellant: Shri Dr. Manish Singhvi, AAG for Irshad Ahmad and Aruneshwar Gupta (NP), Advocates and For Respondent: Shri Jeevan Prakash, Advocate
JudgesH.L. Dattu and S.A. Bobde, JJ.
IssueRajasthan Sales Tax, 1954 - Section 4(2)
Citation2015 (323) ELT 669 (S.C.)
Judgement DateFebruary 27, 2014
CourtKerala High Court Supreme Court Case

Order:

  1. The Revenue is before us in this appeal against the judgment and order passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Writ Petition No. 2391 of 1997, dated 7-10-2003.

  2. The facts in nutshell are: A Gwar Gum Powder unit was set up by the respondent at Sri Ganganagar, Rajasthan on 22-6-1988 with a capacity of 7 Metric Tonnes (MT) which started its commercial production on 18-2-1989. On 29-9-1990, the respondent set up another unit with the capacity of 7 MT. The cumulative capacity of two plants became 14 MT gwar gum powder production per day. Thereafter, the respondent was converted into public limited, under the name and style of M/s. Vikas WSP Ltd.

  3. The respondent by application dated 8-9-1992 applied for registration before the Directorate of Ministry of Industries, Government of India to establish a 100% Export Oriented Unit with the production capacity of 42 MT gwar gum powder per day. To reach this capacity, a new plant with the capacity of 28 MT production per day was set up. Thereafter, the respondent again started its commercial production from 24-6-1994 only after its registration as 100% Export Oriented Unit.

  4. A notification dated 13-6-1994 came to be issued by the State Government in exercise of its powers under Section 4(2) of the Rajasthan Sales Tax, 1954 (for short, "the Act") providing exemption from tax on the sale or purchase made by a 100 % Export Oriented New Manufacturing Unit.

  5. The respondent/assessee claimed exemption on all purchases of raw material made in respect of all the three units. The Assessing Officer accepted the claim made by the respondent and granted exemption on all purchases of raw material made in respect of all the three units with production capacity of 42 MT. However, the Commissioner, Commercial Taxes, Rajasthan (for short, "the Commissioner") set aside the assessment order passed by the Assessing Officer in exercise of its power under Section 87 of the Act.

  6. Aggrieved by the order passed...

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