JUDGMENT

S.N. Variava, J.-These Appeals are against the Judgment dated 31st August 1998 of the Punjab and Haryana High Court.

2. Briefly stated the facts are as follows.

The first Respondent is a Spinning Mill, which claimed benefit of Notification issued by the Punjab Government on 23rd November 1979. As the decision in this case depends on the Notification it is reproduced herein for the sake of convenience :-

"The 23rd November, 1979.

No.S.O.82/P.A.46/48/s.5/Amd./79. In exercise of the powers conferred by sub-section (1) of Section 5 of the Punjab General Sales Tax Act, 1948 (Punjab Act No. 46 of 1948) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following further amendment in the Punjab Government Excise and Taxation Department Notification No.S.O.26/P.A./46/S.5/72 dated the 10th August, 1972 namely:-

AMENDMENT

In the said notification, after the proviso to item 4, the following further proviso shall be added, namely;-

Provided further that the rate of purchase tax on cotton shall be two paise in a rupee on the purchases made by the textile mills established on or after the first December, 1979 for a period of five years to be reckoned