ASSISTANT COMMISSIONER Vs. SOMANI MILLS

JUDGEMENT

(1.) SINCE common issues and questions of law are involved in all these three revision petitions under Section 86 of the Rajasthan Sales Tax Act 1994 (for short, 'the Act of 1994'), therefore, all of them are heard together and being disposed of by this common order.

(2.) AT the threshold, while admitting all these revision petitions, the question of law was not framed but during the course of hearing, the following question of law has emerged for determination:

(3.) SUCCINCTLY stated, the facts of the case are that the respondent-assessee is a manufacturer of carpet woolen yarn and for the assessment year 1995-96 it has submitted four quarterly returns showing total sale of Rs.2,95,77,801.85. As per the Revenue, the assessee deposited a deficit tax for a sum of Rs.68,895/-, for which the assessee has claimed 4% set off of the tax on the anvil that woolen carpet yarn is a raw wool, which is exempted from tax by virtue of Notification dated 13th of June 1994 issued by the Government under Section 4(2) of the Rajasthan Sales Tax Act, 1954 as well as Notification dated 20th of March 1997 issued by the Government under Section 15 of the Act of 1994. The Assessing Authority, after examining the notifications, refused to concur with the contention of the assessee and fastened tax liability on the assessee and also imposed interest on the deficit amount of tax.