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2007 Supreme(Guj) 274

J.M.PANCHAL, ABHILASHA KUMARI
AMI PIGMENTS PVT. LTD. , R. R. PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.M.HAVA, AMRITA THAKORE, Bijal Chatrapati, GAURAV MATHUR, K.S.NANAVATI, KAMAL B.TRIVEDI, MIHIR J.THAKORE, MITUL K.SHELAT, NAVIN KUMAR, S.Ganesh, S.N.SHELAT, S.N.SOPARKAR, SANGEETA VISHENV, TANVISH U BHATT

J. M. PANCHAL, J.

( 1 ) ALL the above numbered petitions, which are instituted under Article 226 of the Constitution, are directed against Public Circular dated September 2, 2005 issued by the Sales Tax Commissioner, State of Gujarat, whereby it is declared that the view expressed in Public Circular dated February 19, 2001 that the judgment of the Supreme Court rendered in Coastal Chemicals Limited v. Commercial Tax Officer, A. P. and Ors. holding that the natural gas used as fuel cannot be treated as consumable goods, is based on the language of Section 5-B of the Andhra Pradesh General Sales Tax Act, 1957, which is quite different from the language of the Gujarat Sales Tax Act, 1969 and the Rules framed thereunder and, therefore, the principle laid down by the Supreme Court in Coastal Chemicals Limited (supra) is not applicable to the cases arising under the Gujarat Sales Tax Act, 1969, is no longer valid in view of the decision of the Gujarat Sales Tax Tribunal, Ahmedabad, rendered in Second Appeal No. 683 of 2003 filed by Pandesara Industries Private Limited against State of Gujarat decided on September 28, 2004 and, therefore, Circular dated February 19, 2001 is cancelled with









































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