UNIVERSAL CYLINDERS LIMITED Vs. COMMERCIAL TAXES OFFICER

JUDGEMENT

(1.) Leave granted.

(2.) Since a common question of law arises in these appeals, they are being disposed of by this common judgment. Briefly stated the facts are that the appellant assessee manufactures cylinders for storage of Liquefied Petroleum Gas (LPG). At the relevant time, the entire production was for supply to Government owned companies viz. M/s. Indian Oil Corporation Ltd.(for short 'the IOC'), M/s Bharat Petroleum Corporation Ltd., and M/s Hindustan Petroleum Corporation Ltd.. It is not disputed that the cost of the cylinders was determined by the Ministry of Petroleum and Natural Gas (for short 'the MoP & NG') under the pricing policy.

(3.) On 04.05.2000, the IOC placed an order for supply of 73380 numbers of 14.2 Kg. LPG cylinders which was to be made by 31.08.2000. Clause 3 of the supply order reads as follows: