- (1.) Leave granted in all the special leave petitions.
(2.) These appeals are sequel to the applications filed by the State orissa under Section 24 (2 (b) of the orissa Sales Tax Act, 1947 (the Act) for a direction to the orissa Sales Tax tribunal to state a case and refer thequestions framed out of the appellate order of the tribunal for the opinion of the High court. The High court dismissed the applications on the ground that the questions formulated for the opinion of the High court had already been decided by a division bench of the High court in State of orissa v. Joharimal Gajananda and since the view taken by the tribunal was in conformity with the opinion expressed by the High court, the applications were not competent. There appeals by the State of orissa are against the orders of the High court rejecting the applications of the State under Section 24 (2 (b) of the Act.
(3.) We have today delivered judgment in State of orissa v. Johrimal Gajanand wherein the High court judgment in State of orissa v. Joharimal Gajananda is been reversed. For the reasons recorded and the conclusions reached by us in Johrhnul Gajanand case , we allow these appeals, set aside the impugned orders of the High court. The High court also fell into patent error in not taking into consideration the amendment to Section 5 (2 (a) (ii) of the Act made in the year 1978 with retrospective effect. We have upheld the validity of the amended Section 5 (2 (A) (a) (ii) of the Act by our judgment delivered today in State of orissa v. Minerals and Metals Trading Corpn. of India Ltd;