N.D.OJHA, S.RANGANATHAN, V.RAMASWAMI
Pine Chemicals LTD. : K. C. Vanaspati: Kashmir Vanaspati LTD. – Appellant
Versus
Assessing Authority: State Of J & K: State Of J & K – Respondent
JUDGMENT
V. Ramaswami, J.
1. Civil Appeal No. 2309 of 1989 arises out of an order made by the High Court of Jammu & Kashmir in Writ Petition No. 87 of 1981 dismissing the Writ Petition filed by Mis. Pine Chemicals Ltd., which is a public limited company manufacturing Rosin, Turpentine and Rosin Derivatives and carrying on business at Bari Brahmana, Jammu Tawi. The appellants had prayed in the writ petition for quashing the order of assesment dated 20th January, 1981 made by the Assessing Authority, Incharge Sales Tax Circle, Jammu under the Central Sales Tax Act, 1956 for the year ending 30.6.1980 and the penalty order made on February 2, 1981 under Section 10 of the Central Sales Tax Act in respect of the same period. They had also prayed for a declaration that they are entitled to exemption from payment of tax under the Central Sales Tax Act and the Jammu & Kashmir General Sales Tax Act, 1962, on the finished goods produced by them for a period of five years commencing from 8th November, 1979, when the Company went into commercial production. This main relief had been prayed for on the grounds that the appellants were exempt from payment of sales tax in terms of the Government Or
relied on : Assistant Commissioner of Commercial Taxes v. Dharmendra Trading Company
Pournami Oil Mills v. State of Kerala
followed : Bakut Oil Industries v. State of Gujarat
Pournami Oil Mills v. State of Kerala
Bakal Oil Industries v. State of Gujarat
distinguished : Indian Aluminium Cables Ltd. v. State of Haryana
Industrial Cables (1 India Ltd. v. Assessing Authority
relied on : International Cotton Corporation (P) Ltd. v. Commercial Tax Officer
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