ORIENT TRADERS Vs. COMMERCIAL TAX OFFICER TIRUPATI

JUDGEMENT

(1.) THIS judgment shall dispose of Civil Appeal No. 4491 of 2002 filed against a detailed order by which the High court has dismissed the Writ Petition filed by the appellant and the three connected appeals which have been filed by the Assessees against the dismissal of their writ petitions by the High Court following the impugned order in Civil Appeal No. 4491 of 2002.

(2.) FACTS are taken from Civil Appeal No. 4491 of 2002, which is the main appeal.

(3.) IT is not in dispute that the appellant is a dealer in silver bullion. Under Item-20 of the First Schedule to the Act the original rate prescribed is 2%. However, the state Government issued Notification under Section 9 (1)of the Act in G. O. Ms. No. 1092 dated 31. 10. 1994 reducing the rate of sales tax to =% in respect of 'bullion and specie (gold)' from the date of the said Notification. In order to appreciate the controversy in issue, it would be necessary to refer to the Entry in the First Schedule to the Act as well as the Notification issued on 31. 10. 1994. Entry 20 in First Schedule to the Act reads :- <FRM>JUDGEMENT_453_TLPRE0_2008Html1.htm</FRM>