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2023 Supreme(Raj) 61

SAMEER JAIN
Dynamic Cables Private Limited – Appellant
Versus
Asstt. Commissioner, Commercial Taxes Anti Evasion Zone 1 Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Alkesh Sharma with Mr. Ayush Sharma, Mr. Himanshu Morwal.
For the Respondent: Mr. Ayush Singh for Mr. Punit Singhvi.

JUDGMENT :

1. With consent of learned counsel for the parties, the instant Sales Tax Revision Petitions (for short “STRs”) were taken up for final disposal.

2. These STRs were admitted vide order dated 30/01/2023 on the following questions of law:-

    “(i) Whether under the facts and circumstances of the present case, the Rajasthan Tax Board was justified in ignoring the definition of ‘sale price’ as defined under Section 2(h) of the Central Sales Tax Act, 1956 wherein the Parliament has expressly excluded the cost of freight or the cost of installation in cases where such cost is separately charged from ‘sale price’?

(ii) Whether under the facts and circumstances of the present case, the Rajasthan Tax Board was justified in ignoring the submission that if at all the levy of tax on element of freight was to be upheld, then the rate thereon had to be the same as levied on goods against Form “C” in view of the provisions of Section 8(1) of the Central Sales Tax Act, 1956?”

3. It is submitted on behalf of the petitioner-assessee that the petitioner-assessee is carrying on business of manufacturing and sale of PVC Cables, ACSR Conductors and other kinds of cables; and majority of their sales a

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