KASHMIR SPICES Vs. STATE OF J&K

JUDGEMENT

(1.) TWO decades back exemption was granted from payment of sales tax. This exemption was withdrawn. This withdrawal of exemption was subject matter of challenge in a writ petition. Writ petition was dismissed. Withdrawal was held to be valid. An appeal has been preferred. Notification granting exemption lost its efficacy by efflux of time. Period of 10 years for which exemption was granted expired on 17.12.1989. Merit of controversy are however, still required to be gone into as judgment of learned single Judge was stayed: a stay order operates.

(2.) FACTS be noticed Exemption was granted from payment of the General Sales Tax vide SRO No 671 issued on 18

(3.) 12.1979. This was with regard to the goods manufactured and sold by the appellant. This exemption was withdrawn by SRO No 118 dated issued on 31.3.1984. The withdrawal of this as indicated above led to filing of writ petitions. This withdrawal was held to be valid by a learned single judge of this court. This happened 17 years ago. An appeal was preferred. This was admitted. Stay was granted subject to the appellant furnishing undertaking that in the event of appellant failing, the amount of tax becoming payable by virtue of the withdrawal of the exemption shall be deposited and the unit in question shall not be put to sale, transfer or otherwise disposed of.