JUDGMENT

SEN, J. :—These appeals are against a judgment of the High Court of Jammu & Kashmir dated 24-8-1983. The point for consideration before the High Court was whether the State had arbitrarily exercised its power under Section 5 of the Jammu & Kashmir General Sales Tax Act, 1962 (hereinafter referred to as the Act) by not extending the period of exemption from Sales Tax enjoyed by the brick manufacturers of the State.

2. Section 4 of the Act is the charging section. Section 3 enables the Government to exempt in whole or in part any goods from the charge of tax. Relevant portions of Sections 4 and 5 are as under :-

"4. Liability to tax under this Act:- (1) Subject to the provision of this Act, every dealer except the one dealing exclusively in good declared tax free under Section 5 shall pay for each year tax on his total turnover at a rate not exceeding twelve per cent. of such turnover as may be determined by the Government and notified by the Government in the Government Gazette and such tax shall be charged on the sale of goods once only :

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5. Exemption from taxation :- The Government may, subject to such restriction and conditions as may be prescribed including conditions as to licence and licence fees, by order exempt in whole or in part from payment of tax any class of dealers or any goods or class or description of goods.

3. In exercise of its power under Section 5, the Government issued a Notification No. SRO-468 dated 1-8-1977 whereby exemption was given to a number of Small Scale Units. It was specifically provided in the Notification that for the purpose of grant of exemption this Notification shall be and shall always be deemed to have been in force from 5-7-1968 to 31-3-1977. A list of industries, which qualified for exemption was addended to the Notification, which qualified for exempted small scale industries under the heading "CEMENT CERAMIC AND STONE INDUSTRIES".

4. By virtue of this Notification any goods included in the exempted list could not be subjected to Sales Tax during the period 5th July, 1968 to 31st March, 1977.

5. Therefore, another Notification was issued being No.SRO-267, which came into force on 1st April 1977. Under this Notification various goods included in Annexure-1 of the Notification were exempted from Sales Tax. Among the exempted goods PCC Poles, Tiles and Hollow Blocks were included under the healing "CEMENT, CERAMIC AND STONE INDUSTRIES".

6. As a result of the aforesaid Notification No.SRO-267 , Industries engaged in the production of Tiles continued to enjoy relief from Sales Tax. But the exemption, hitherto enjoyed by the brick manufacturers came to an end with effect from 1st April, 1977.

7. On behalf of the appellants, it has been contended that since bricks and tiles were both clubbed together for the purpose of granting exemption under the first Notification, there was no reason to discontinue the relief enjoyed by the brick manufacturers with effect from 1st April, 1977 and at the same time continue to grant the relief to the manufacturers of tiles.

8. We see no substance in this contention.The Government, in exercise of its power given by Section 5 of the Act, can decide to exempt any goods from taxation. The power may be exercised having regard to social, economic, administrative and fiscal consideration. It was held in the case of Orient Weaving Mills(P) Ltd.v.Union of India, AIR 1963 SC 98, that it was always open to the State to tax certain classes of goods and not to tax others. There must be a great deal of flexibility in the incidence of taxation of a particular kind. There is no reason why the State cannot exempt tiles from taxation without giving similar exemption to bricks.

9. Moreover, it has been stated in the counter affidavit of the State in the Court below that tile industry was a new industry. It required some incentive,so that it could stand on its own feet. As compared to it, brick industry was an old one, which was well establis