PRITI OIL LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) The following questions have been framed for consideration by this Court in the present revision petition by the Assessee arising from an order dtd. 25/4/2008, passed by the Orissa Sales Tax Tribunal in S.A. No. 29(C) of 2001-02 for the period 1999-2000:

(2.) As far as the Question (a) is concerned, it stands answered by the order dtd. 5/1/2016 of this Court in STREV No.470 of 2008 involving the very same Assessee where similar question arose under the Orissa Sales Tax, 1947 (OST Act). In that order, it was held that the benefit under the IPR 1999 would be available to the Petitioner till 31/7/1999. Accordingly, the Question (a) is answered by holding that the benefit under the CST Act to the Petitioner would correspondingly be available under the IPR 1999 till 31/7/1999.

(3.) As far as Question (b) is concerned, the Court's attention is drawn to an order dtd. 21/6/2016, passed by this Court in STREV No.471 of 2008 filed by this very same Petitioner. That revision petition arose from an order passed by the Orissa Sales Tax Tribunal in an appeal for the period 1999-2000 where one of the grounds concerned disallowance of 'consignment sales'. This Court by the said order remanded the said issue to the Tribunal since the Tribunal had failed to address that ground.