CEMENT LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In W. P. (C) No. 674/97 :

(2.) In the meanwhile, on 12th March, 1997, the respondent State issued another notification in much the same terms. That notification was challenged by way of a writ petition in this Court. When the writ petition came up for admission before a Bench of three Judges, the earlier decision of this Court in the case of Shree Digvijay Cement was cited and the Bench observed that it was required to be considered by a larger Bench. Accordingly, the writ petition was heard and disposed of by a Constitution Bench (Shree Digvijay Cement Company Ltd. v. State of Rajasthan, (1999) 10 JT (SC) 201 : (2000 AIR SCW 207). The Constitution Bench held that the decision in Shree Digvijay Cement did not lay down the correct law and it was, therefore, overruled. It may be mentioned that the earlier judgment of this Court in the case of Indian Cement v. State of Andhra Pradesh, (1988) 1 SCC 743 : (AIR 1988 SC 567) was also considered and overruled.

(3.) The petitioners are manufacturers of cement in the respondent State. They had been assessed to sales tax for the assessment years 1994-95 and 1995-96 on the basis of the reduced rate of sales tax payable on inter-State sales under the notification dated 7th March, 1994. For the assessment year 1996-97 no assessment order had been passed. On 26th September, 1997 they were served with show-cause notices in relation to all the three assessment years. The show-cause notices stated that the noti-fication dated 7th March, 1994 had been held void by order of this Court (in the case of Shree Digvijay Cement, (1997 AIR SCW 2566 : AIR 1997 SC 2609) and that, "(b)ecause Notification dated 7-3-1994 has become void, on inter-State sale of cement full rate of 16% tax is payable; therefore show cause why differential tax @ 12% and interest be not levied." These writ petitions impugned the show-cause notices.