2006 (2) TMI 604

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...., which has been charged as sales tax on coal ash between December 11, 1987 to June 30, 1990 with interest at 24 per cent per annum from the date of deposit till its payment. The submission of the petitioner is that recovery on coal ash was in contravention of the provision of the Act. Sales tax is not payable on coal ash. The petitioner has submitted that the respondent, National Newsprint and Pa....

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....cluding the sales tax charged from the petitioner during this period. Refund has not been made of the tax collected on coal ash. Collection made by the respondents is illegal. The amount has been retained unauthorisedly by the respondent-mill, as such writ petition has been filed. In the return filed by the respondents, the prayer made has been opposed. Under the Sales Tax Act, tax on coal is o....

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....ntitled for any relief. The decision of the apex Court in State of Gujarat v. Raipur Manufacturing Co. Ltd. [1967] 19 STC 1 stands superseded by legislative enactment. The respondent collected the tax and it was part of the sale price, thus, burden has been rightly passed on to the buyer in view of the circular issued by the Commissioner, Sales Tax.   This controversy stands concluded by t....