1999 (12) TMI 849

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..... Officer relates to the period of assessment ending on March 31, 1987 and March 31, 1988 respectively. 2.. The assessee is engaged in the business of doing job-work. In the original assessment the price of the packing material, which was used by the assessee, which was not purchased by the assessee as a tax-paid goods, was not brought to the tax under the provision of the Act, therefore the reasse .....

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..... al value of the works, held that no tax was payable as per notification dated November 7, 1988. The amount of tax was deleted. Accordingly the interest was also deleted. The order of the Deputy Commissioner was affirmed by the Rajasthan Taxation Board vide its order dated October 9, 1988 along with two other appeals, by relying on the notification dated November 7, 1988. 3.. Two contentions have .....

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..... f the learned counsel for Revenue inasmuch as the notification dated November 7, 1988 granting exemption from taxation if the value of the goods involved in the works contract is less than 15 per cent of the total value of work, was not brought into force retrospectively. The notification dated November 7, 1988 could not apply to transaction completed by that date. Learned counsel for the responde .....

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..... ed post-execution of works. In the event of first contingency it may be subjected to that as value of goods used in execution of works contracts, subject to any notification in that regard. However, in such event rate of tax shall be such as governs the tax on goods used in execution of works and not separately. In the latter contingency it will have to be established as a matter of fact before l .....

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..... amount of tax is liable to interest under section 11B(1)(f) of the Act to a larger Bench for decision. 8.. In the aforesaid circumstances the question of levy of interest in the present case shall abide by decision that may be reached by the larger Bench of the court on such reference. 9.. This civil revision stands accordingly allowed, the orders of appellate authorities are set aside and the .....

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