Jainendra Kumar Ranka, J. - (1.) Heard finally.
(2.) In all these petitions, a common question has been raised about the product "Solvent Cement Solution" how to be taxed under RVAT Act. It relates to the assessment years 1997-98, 1998-99, 1999-2000 & 2000-01 respectively. Since it is claimed by the counsel that the issue being identical and raising common controversy, for the sake of convenience, are being decided after hearing counsel for the parties by this common order and the present judgment would be applicable to all petitions.
(3.) The facts of the leading case bearing SB STR No.26/2012 are taken into consideration. The assessee is a limited company and engaged in the business of manufacture and sale of PVC pipes and fittings thereof and also selling PVC Solvent Cement. A survey came to be conducted at the business premises of the assessee on 01.10.2002 wherein certain information was gathered by the officials of the respondent department and pursuant thereto, the product which was being manufactured namely; PVC Solvent Chemical which is a product mainly being used for jointing purposes and it is not in the nature of Cement nor in any way having any concern with Cement and its use was for the purposes of jointing etc. Accordingly, the Assessing Officer issued a show cause notice as according to him, the case of the petitioner was taxable @ 10% whereas the assessee paid treating the same payable @ 4% only. The assessee responded by filing reply, however, the same was not accepted by the Assessing Officer and not only differential rate of tax was levied but interest as well as penalty u/Sec.65 of the Act was also imposed.;