CTO CIRCLE B BHILWARA Vs. AMIT CONDUCTORS

JUDGEMENT

(1.) This revision petition has been filed by the petitionerRevenue against the order of the learned Tax Board dated 31.03.2004 whereby the learned Tax Board dismissed the Revenue's appeal No.1046/2003/Bhilwara upholding the order of the Deputy Commissioner (Appeals) dated 26.12.2002. The learned Tax Board held for assessment year 1996-97 that the rate of sales tax applicable on the sale of aluminum conductors manufactured by the respondentassessee M/s Amit Conductors, Gulabpura was correctly applied @ 10% under the residuary entry No.81 of Notification SO No.1037 dated 15.03.1996; and the learned Assessing Authority was not justified in invoking rectification powers under Section 37 of the RST Act, to impose difference tax of 2% by holding that such aluminum conductors (wires) would be taxable @ 12% for the relevant period under Entry No.81 of the aforesaid notification dated 15.03.1996. The entry No.81 of the said notification is reproduced herein below for ready reference:

(2.) Learned counsel for the petitioner-Revenue, Mr. Sharad Tatiya for Mr. V.K. Mathur, submitted that aluminum conductors being electrical goods, were correctly taxable @ 12% and the Assessing Authority was justified in relying upon the Division Bench decision of this Court in the case of State of Rajasthan Vs. Jaipur Metal & Electricals Ltd., 1981 48 STC 66. Therefore, he submitted that the learned Tax Board has erred in rejecting Revenue's appeal.

(3.) On the other hand, Mr. Sanjeev Johari, learned counsel for the respondent-Assessee submitted that the order of the Tax Board deserves to be upheld on the following counts viz.: