STATE OF PUNJAB Vs. SHREYANS INDUSTRIES LTD.

JUDGEMENT

(1.) THIS order will dispose of VAT Appeal Nos. 73 and 74 of 2010, as it is stated that both the appeals involve common questions. VAT Appeal No. 73 of 2010 has been preferred by the Revenue under section 68(2) of the Punjab Value Added Tax Act, 2005 (for short, "the Act") against the order of the Punjab VAT Tribunal dated September 18, 2009, claiming following substantial questions of law:

(2.) THE assessee is a manufacturer of papers and made sales to the Government Departments against form D charging one percent CST. The Assessing Authority held that the assessee was liable to pay four percent CST. The order of the Assessing Authority having been affirmed by the appellate authority, the assessee moved the Tribunal. The Tribunal upheld the plea of the assessee as follows:

(3.) IT is not disputed that rate of tax applicable at the relevant time was one percent, as stated by the respondent. There was no requirement to produce declaration form C, as held by the Tribunal. In these circumstances, the respondent could not be denied the benefit of reduced rate as notified by the State Government. No substantial question of law arises. The appeals are dismissed. A photocopy of this order be placed on the file of other connected case.