Decided on September 16,2016

J.K. Lakshmi Cement Ltd. Appellant
Commercial Tax Officer, Pali Respondents


DIPAK MISRA, J. - (1.) The appellant is a Public Limited Company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing and selling Grey Portland Cement. In exercise of powers conferred by Section 8(5) of the Central Sales Tax Act, 1956 (for short, "CST Act"), the Government of Rajasthan had issued a Notification No. F4(72)FD/Gr.IV/81 -18 dated 06.05.1986 allowing partial exemptions from the sales tax payable in respect of inter -State sales in the manner and subject to the conditions mentioned therein. Partial exemption was granted under the said notification at the rate of 50%/75% on the basis of increase in the percentage of the entire inter -State sales and decrease in percentage of stock transfers but the benefit under the said notification was not available on levy cement. From the assessment year 1989 -90 to 1997 -98 the appellant had been granted benefit of partial exemption under the notification dated 06.05.1986 except for the assessment year 1995 -96 and 1996 -97 as no claims were made by the appellants being not eligible.
(2.) It is necessary to state here that the State, in exercise of powers conferred by Section 8(5) of the CST Act, issued Notification No. F4(8)FD/GR.IV/94 -70 dated 07.03.1994 superseding the notification dated 09.01.1990 and directing that in respect of inter -State sales of cement, tax payable under sub -sections (1) and (2) of the said Section shall be calculated at the rate of 4% without furnishing declaration in Form 'C', inter alia, subject to the condition that the dealer making inter -State sales under this notification shall not be eligible to claim benefit provided by partial exemption notification dated 06.05.1986. This notification remained in force from 01.04.1994 to 31.03.1997.
(3.) The CCT vide Circular No. 2/94 -95 dated 15.04.1994 clarified that inter -State sales of cement duly supported by 'C' and 'D' forms shall be eligible for benefit of partial exemption notification dated 06.05.1986 and that such benefit would not apply to inter -State sales which are not supported by declarations in declarations in Forms 'C'/'D'.;

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