Hon'ble LOHRA, J.—Petitioner-assessee has preferred these five revision petitions under Section 84 of the Rajasthan Value Added Tax Act 2003 (Section 85 of the Rajasthan Sales Tax Act, 1994) against the impugned judgment and order dated 31st of January 2007 passed by the Rajasthan Tax Board, Ajmer, whereby five separate appeals of the petitioner-assessee, bearing No.2923 of 2005 impugning the order of Commissioner, Commercial Taxes u/Sec. 87 of the RST Act, with Appeals No. 816 of 2006, 817 of 2006, 818 of 2006 and 819 of 2006, pertaining to Assessment Years 1997-98 to 2000-2001, assailing the order of first appellate authority are decided by a common judgment and order.

2. The facts, relevant and germane to the matter, are that petitioner is a public limited company, incorporated under the Companies Act 1956, having its registered office and works at Mandpam, Bhilwara. At the inception, the petitioner company was registered with the Government of India as 100% Export Oriented New Unit and involved in the business of manufacture and exporting fabrics made from blended yarn. The State Government, in exercise of powers under sub-sec. (2) of Sec. 4 of the Rajasthan Sales Tax Act 1954 (for short, ‘RST Act’), issued Notification No.F.4(28) FD/GR-IV/94-2 dated 13.6.1994 granting exemption from tax on sale or purchase, by a 100% Export Oriented New Unit registered with Government of India, on raw material required by such unit for use in manufacture of other goods to the extent and subject to the conditions mentioned therein and the scheduled appended thereto. The said exemption was allowed for a period of five years from the date of first transaction of raw material purchased during the period from 15.6.1994 to 31.3.1997. The Notification further envisaged the unit to issue declaration in Form ST-17 to the selling dealer. As per Schedule, units having investment of Rupees fifteen crores or more were declared entitled to 100% exemption of tax and the units having investment between Rupees five crores to less than Rupees fifteen crores were declared eligible for 50% tax exemption.

3. As the petitioner unit was fulfilling the requisite conditions incorporated in the Notification, it became eligible for tax exemption on the purchase of raw material, viz. yarn requisite for manufacturing fabrics. Petitioner has pleaded that it was under a bonafide belief that being a 100% Export Oriented registered unit, it is entitled to 100% exemption of tax payable and as such it purchased raw material i.e. yarn without paying tax by issuing Form ST-17 in terms of the Notification. The process continued in the interregnum period during which the Notification for 100% exemption was invoked. In the year 2000, survey was conducted at the premises of petitioner on 31st March 2000 and 2nd August 2000 by the Assistant Commissioner (Commercial Taxes Officer), Anti Evasion, Commercial Taxes, Bhilwara.

4. During survey, it was revealed that petitioner has erroneously claimed 100% exemption on purchase of raw-material which was taxable @2%, whereas it was entitled to exemption only upto 50% of the tax, as such, was liable to pay 1% purchase tax in terms of Notification dated 13th June 1994. The said discrepancy was noticed by the department on the ground that capital investment of the petitioner unit was less than Rs.15 crores and as such it was not entitled for 100% exemption from tax. When all these facts were unearthed during survey, the second respondent issued a show cause notice to the petitioner for making provisional assessment for the Assessment Years 1998-99, 1999-2000 and 2000-2001 under Sections 28 & 58 of the RST Act 1994. Simultaneously, the second respondent also issued a notice for reassessment under Section 30 and 58 of RST Act for the Assessment Year 1997-98 on the said ground. It goes without saying that before issuing all these notices, the regular assessment proceedings for the Assessment Year 1997-1998 were already completed by the