- (1.) By way of this writ petition, the petitioner-assessee has questioned the judgment dated 10.02.1999 as passed by the Rajasthan Taxation Tribunal, Bench at Jodhpur ('the Tribunal') in Original Application No.54/1996 whereby, the Tribunal rejected its challenge to the re-assessment proceedings under Section 12 of the Rajasthan Sales Tax Act, 1954 though while making observations that the facts and circumstances of the case did not warrant charging of interest or imposition of penalty.
(2.) The contextual facts are in a narrow compass and could be noticed in brief as follows: The petitioner, M/s Shivdeep Food Products Pvt. Ltd., is a Company engaged, inter alia, in the business of manufacturing and selling Bhujia, Papad and Namkeen. The petitioner has been registered under the Rajasthan Sales Tax Act, 1954 ('the RST Act') as also under the Central Sales Tax Act. 1956 ('the CST Act').
(3.) The State Government had, in exercise of the powers conferred by the relevant provisions of the RST Act and CST Act, framed the Sales Tax New Incentive Schemes for Industries, 1989 ('the Schemes'). The petitioner was admitted to and availed of the benefits under the said Schemes while holding the valid Eligibility Certificate ('EC'). Under the Schemes, the petitioner was entitled to avail the benefits subject to a maximum of 75% of the total tax liability. For the period in question, the petitioner, on the strength of the EC held by it, availed the benefits of sales tax exemption under the Schemes to the permissible extent on the taxable turnover inclusive of the cost of the packing material. According to the petitioner, as per the EC, it had been directed to, and it did, deposit the remaining amount of tax every month.;