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2005 Supreme(Raj) 2619

VINEET KOTHARI
A. C. T. O. – Appellant
Versus
Suncity Trade Agency – Respondent


Advocates Appeared:
Mr. Sangeet Lodha, for the Petitioner.

Judgment

Dr. Vineet Kothari, J.-Both these revision petitions are directed against the order of Tax Board dated 17.06.2003, whereby the Tax Board held setting aside the order of Additional Commissioner under Section 40 of the Rajasthan Sales Tax Act, 1994 (for short “the Act of 1994” hereinafter) that the words exempted goods as given in Section 13-A(2) of the Act of 1994, which excludes the turnover of exempted goods from the turnover liable to turnover tax levied under Section 13-A of the Act.

Section 13-A(2)(i) of the Act of 1994 reads as under:-“(i) sale or purchase of exempted goods;” The term exempted goods has been defined in Section 2(18) of the Act of 1994, which reads as under:-“(18)” exempted goods” means any goods exempted from tax in accordance with the provisions of this Act;” The power to exempt from levy of tax has been conferred upon the State Government in Section

15 of the Act, which is reproduced in extenso:-“15. Exemption of tax.-Notwithstanding anything contained in this Act, where the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette the, exempt fully or partia









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