SUPREME POLYMERS PRIVATE LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition was filed seeking the following reliefs:

(2.) Learned counsel for the petitioners submits that the petitioner-company acquired two plots of land bearing numbers 137 and 138, situated at Jhotwara Industrial Area from Rajasthan State Industrial Development & Investment Corporation Limited, Jaipur for construction of its industrial unit vide registered Lease Deed dtd. 20/11/1997 and constructed its industrial unit, which was completed and started functioning w.e.f. 29/3/1998. It is contended that since the construction was concluded in the Financial Year (for short "FY") 1997-1998, as such, the unit became liable to be assessed from 1/4/1998. The unit of the petitioner was exempted from payment of Land & Building Tax for a period of four years from the date of starting of commercial functioning, as provided in Notification No. SO 60 dtd. 27/5/1998 issued by Department of Finance (Taxation Sec. ) of the Government of Rajasthan. However, by misinterpreting the contents of Notification dtd. 27/5/1998, the land of the aforesaid plots was valued at Rs.35.08 lakhs (approx) and accordingly tax was imposed thereupon by impugned assessment order dtd. 28/12/1999 (Annexure-3). Another assessment order was passed on 20/12/2001 (Annexure-4) for the period 1/4/2000 valuing the land at Rs.31.64 lakhs (approx). Appeal against the assessment orders was first dismissed vide order dtd. 16/1/2003 by the Appellate Authority, Director, Land & Building Tax, Jaipur. Further, the revision petition was also dismissed by the Revisional Authority, Divisional Commissioner, Jaipur vide order dtd. 17/7/2006.

(3.) Learned counsel for the petitioner has challenged the impugned levy of Land & Building Tax, primarily, on the following grounds: