A. M. AHMADI, G. T. NANAVATI, S. P. KURDUKAR
Digvijay Cement Company – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Nanavati, J.-Leave granted.
2. The appellants in these appeals are manufacturers of cement and they have their manufacturing units/factories in the State of Gujarat. The cement manufactured by them is sold throughout India through a network of stockists and dealers. They filed Civil Writ Petition Nos. 656, 788, 803, 2644 and 2645 of 1994 in the High Court of Rajasthan challenging the notifications dated 8.1.1990, 27.6.1990 and 7.3.1994 issued by the State of Rajasthan under Section 8(5) of the Central Sales Tax Act (for short CST Act ). The High Court dismissed those writ petitions. Therefore, the appellants have filed these appeals.
3. Prior to the issuance of the impugned Notifications the rate of tax payable under Section 5 of the Rajasthan Sales Tax Act on sales of cement was 16 . Even in respect of the inter-State sales of cement to unregistered dealers the rate of tax was 16 . By the Notification dated 8.1.90 the State of Rajasthan in exercise of the powers conferred by sub-section (5) of Section 8 of the CST Act directed that the tax payable under sub-sections (1) and (2) of Section 8 by any dealer having his place of business in the State, in respect of the sale by h
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