OSWAL AGRO MILLS LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of three writ petitions, i.e., Civil Writ Petitions Nos. 12974, 16067 of 2003 and 4044 of 2004 as all these writ petitions raise identical questions of law. However, for the facility of reference, facts are being taken from Civil Writ Petition No. 12974 of 2003.

(2.) The petitioner has impugned the order passed by the Sales Tax Tribunal, Punjab, dated May 27, 2003 in the present writ petition whereby the petitioner has been directed to deposit 25 per cent of the tax demand, on the strength of the Punjab General Sales Tax (Third Amendment) Act, 2000, raised by the Assessing Authority.

(3.) In respect of the assessment year 1989-90, the Assessing Authority raised a tax demand of over Rs. 3.34 crores vide order dated August 16, 2002 under the Punjab General Sales Tax Act, 1948. On the same day, assessment was framed under the Central Sales Tax Act, 1956 raising a demand of Rs. 2,99,084 including a penalty of Rs. 82,000.