GRASIM INDUSTRIES LTD. Vs. CTO

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the order of the Tax Board dated August 26, 2005, disposing of the Revenue's appeal against the order of the Deputy Commissioner (Appeals) dated November 5, 2004 and previous order dated June 20, 2003. The controversy in nutshell in the present case is as to whether the petitioner-assessee during the relevant assessment year commencing from January 1, 1985 was entitled to the benefit of partial exemption or not in terms of notification dated May 6, 1986, issued under section 8(5) of the Central Sales Tax Act, 1956. The said partial exemption was to be given by comparing the increase of tax liability with average percentage in respect of other manufacturers in the State in "'relevant industry" during the year 1984-85.

(2.) The stand of the assessee was that these terms "relevant industry" in the notification dated May 6, 1986 could refer only to other cement industries in the State of Rajasthan manufacturing white cement which the petitioner also was manufacturing and it could not be compared with the manufacturers of other portland cement and gray cement, whereas the stand of the Revenue was otherwise and the Revenue was contending that such "relevant industries" would include such other cement manufacturers also.

(3.) The controversy of interpretation of these terms "relevant industry'' in the notification dated May 6,1986 was put to rest after the impugned order of the Tax Board in the present revision petition dated August 26, 2005 by the Division Bench decision of this court in the case of Commissioner of Commercial Taxes v. Grasim Industries Special Appeal Writ No. 482 of 2001 decided on July 22, 2009 in the case of present assessee itself, the said Division Bench judgment was also affirmed by the apex court by dismissal of SLP on February 19, 2010, namely SLP No. 21792/2009-Commissioner, Commercial Taxes v. Grasim Industries. The relevant extract of the Division Bench decision of this court is reproduced below for ready reference (pages 322 and 323 infra):