9911796707
TMI Blog2005 (8) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, 1, 1990 onwards from payment of general sales tax under the Jammu & Kashmir General Sales Tax Act, 1962, provided that the goods manufactured were not of the kinds specified in annexure A to the notification. Annexure A consisted of two parts. The first contained details of the period for which exemption was to be granted and the extent of exemption. Thus 100 per cent exemption was granted up to March 31, 1995, 50 per cent till March 31, 1998 and 25 per cent till March 31, 2000. The second part specified the excluded industries (which is referred to hereinafter as the "Negative list") which did not include edible oils. Consequently, the appellants before us were entitled to exemption under S.R.O. 93 of 1991. On 19th January, 1995 a Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which is numbered as S.R.O. 87, gave effect to the Government Policy by directing that for the schedule forming the first part of annexure A to the Notification S.R.O. No. 93 dated 7th March, 1991, the following would be substituted, namely: "Annexure 'A' S. No. Extent of exemption Date up to which exemption is available 1. 100% 31-3-2000" The notification was to come into force with effect from 1st April, 1995. In the meanwhile, according to the appellants they had set up their industrial units on the basis of the Government Policy. They claimed for and were granted 100 per cent exemption on the edible oils manufactured by them. Their grievance is that this benefit which should have continued at least up to 2000 was sudd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lants against the respondents since the Policy itself made it absolutely clear that it would come into effect only on appropriate notification being issued. The notification was issued in exercise of the admitted powers of the State Government under the State General Sales Tax Act. The State Government having power and competence to grant the exemption was equally empowered to withdraw it. As we have also noticed there was nothing either in the notification or in the Policy which provided that the negative list would not be amended or altered. On the contrary clause (vii) of paragraph 7 to G.O. 10 of 1995 expressly reserved the Government's right to amend the negative list. The right if any of the appellants was a precarious one and cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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