- (1.) These four sales tax revision petitions by the petitioner-assessee under Section 86 of the Rajasthan Sales Tax Act, 1994 (for short, 'RST Act, 1994') are directed against the order of the Tax Board and relate to the Assessment Years 1999-2000 & 2000-2001.
(2.) Since the facts and the controversy involved in all these revision petitions being similar, the same are being decided by this common order.
(3.) The brief facts are that the petitioner-assessee is manufacturing cylinders for the purpose of LPG (Liquefied Petroleum Gas) and its 100% supply is for three companies owned by the Government of India namely; M/s. Indian Oil Corporation Limited, M/s. Bharat Petroleum Corporation Limited and M/s. Hindustan Petroleum Corporation Limited. The aforesaid three companies placed purchase order of 14.2 KG LPG Cylinders to the petitioner-assessee. M/s. Indian Oil Corporation Limited placed purchase order for purchase of 14.2 KG Cylinders @ Rs. 682/- per cylinder and it was stated that the pricing formula is under review by the Government and the final prices applicable after 01/07/1999 will be only as per approval of Ministry of Petroleum and Natural Gases (for short "MOP & NG"). Similar purchase order was placed by the other two companies namely; M/s. Bharat Petroleum Corporation Limited and M/s. Hindustan Petroleum Corporation Limited. A letter came to be issued by M/s. Indian Oil Corporation Limited on 31/10/2000 to the petitioner-assessee conveying that the Industry has undertaken a study to review the existing cylinder price with the assistance of M/s. Price Waterhouse Coopers. Accordingly, the price of 14.2 Kg LPG Cylinder was maintained provisionally with effect from 01/07/1999 at Rs. 645/- per 14.2 Kg cylinder and that M/s. Price Waterhouse Coopers have already submitted a draft report to Industry on the price revision and accordingly it was conveyed that pending finalization of the report and the short time available to recover the cost due to the proposed cylinder tender, Industry has decided to revise the provisional price of 14.2 KG cylinders to Rs. 645/- with effect from 01/07/1999 and accordingly will be recovering the differential amounts from the subsequent bills of the petitioner-assessee and final adjustment would be made later on after finalization of the cylinder price and it was further conveyed that all supplies with effect from 01/11/2000 shall have the provisional basic price of Rs. 645/- per cylinder.;