KOTHARI INDUSTRIES Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS reference from the Maharashtra Sales Tax Tribunal seeks an opinion and answer to the following question and stated to be of law: - -

(2.) THE Tribunal has passed an order on Reference Application No. 17 of 2007. By its order dated 25.1.2008 the above reproduced question has been referred for opinion and answer of this Court by the Tribunal. That is on the footing that it is a question of law. According to the Tribunal, this question arises out of the order dated 18.3.2006 in Second Appeal No. 557 of 2005 alongwith the Miscellaneous Application No. 185 of 2006.

(3.) THE applicant being not satisfied with the working of the cumulative quantum of benefits (for short 'CQB'), preferred first appeal before the Deputy Commissioner of Sales Tax (Appeals), Pune. It was urged before him that the Assessing Officer did not work out the CQB correctly. It was worked out without allowing deduction of tax element as provided by Rule 46A of the Bombay Rules. This contention was not accepted by the First Appellate Authority and it proceeded to reject the First Appeal on 30.12.2004. The applicant, therefore, filed a second appeal before the Tribunal. The Second Appeal was heard by the bench of the Tribunal and after it referred to the Rules in question, it dismissed the same on 18.3.2006.