MARVEL VINYLS LTD. Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this petition against the order dt. 05.09.2013 (Annexure P/1).

(2.) Return has been filed by the respondents and as submitted by the counsel for the petitioner that the matter has been covered by the decision of Allahabad High Court, hence, with the consent of the parties, the petition is disposed of finally at motion hearing stage.

(3.) The petitioner is a company incorporated under the Companies Act. The petitioner was granted exemption initially. Earlier the Assistant Commissioner, Commercial Tax granted benefit to the petitioner vide order dt. 30.11.2005, however, the matter was taken in suo motu revision and a show cause notice was issued to the petitioner under Section 62(3) of the Act that why a tax of Rs. 34,86,955/- with penalty and interest be not imposed against the petitioner in regard to liability of the petitioner for payment of tax of the assessment year w.e.f. 1.4.2002 to 31.3.2003. It was mentioned in the show cause notice that the petitioner did not submit "C" form, hence, in view of amendment dt. 13.5.2002 in Section 8(5) of CST Act, the petitioner was not eligible to get exemption from payment of tax. The revisional authority did not agree with the reply of the petitioner and imposed a tax liability. Against the aforesaid order, the petitioner filed a writ petition before this court. It was registered as W.P. No. 339/2012 and the same was disposed of vide order dt. 3.4.2013 with the following directions:-