LAWS(RAJ)-2001-3-42

EAST INDIA HOTELS LIMITED Vs. STATE OF RAJASTHAN

Decided On March 12, 2001
EAST INDIA HOTELS LIMITED Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present writ petition and other writ petitions (mentioned in the appended Schedule) raise an interesting question of law in the matter of one time tax scheme introduced by way of insertion of S. 3 (1B) of the Finance Act, 1989 (Act No. 6 of 1989)

(2.) The questions for our consideration are that :-

(3.) The short facts leading to the above case are as follows :- The petitioner No. 1 M/s. East India Hotels Ltd. is a company duly incorporated under the Companies Act. The company has its operations in all over the country including at Jaipur and at Udaipur in the State of Rajasthan. Petitioner No. 2 Shri O.P. Arora is the shareholder of the company and is Director Deposits. The land which has been acquired by the petitioner-company at Udaipur is being subjected to proceeding for reassessment for levy and charge to tax by the Assistant Director, Land and Building Tax Department, Government of Rajasthan, Udaipur for and on behalf of the Government of Rajasthan. The order impugned in this writ petition is dated 8th of December, 1997 which has been passed by the Rajasthan Taxation Tribunal at Jaipur.