2021 (8) TMI 887

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....No.94 of 2007 and 2774 of 2007. A common judgment was passed in both the writ petitions setting aside the assessment on the short ground that the law on works contract has undergone change and that unless there is a specific rule framed under Section 29 of the OST Act for assessment of works contract under the OST Act, there should be no assessment of liability of sales tax on works contract in terms of Section 5(2)(AA)(i) of the OST Act. Accordingly, the said writ petition was disposed of with the following directions: "18. It is well settled principle that in matters of taxation either the Statute or the Rules framed under the Statute must cover the entire filed. Taxation by way of administrative instructions which are not backed....

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....d that no further steps shall be taken against the Petitioner pursuant to the aforementioned letter dated 20th November, 2007. Thereafter the petition was adjourned on several occasions awaiting framing of Rules by the Opposite Parties. 5. The following order was passed by this Court on 10^th November, 2009: "Heard learned counsel for the petitioner and learned counsel for the State. Learned State Counsel is directed to obtain instruction from the Finance Department in terms of our earlier dated 8.10.2009 regarding the decision taken in pursuance of the letter dated 22.5.2008 on the next date, failing which this Court will be constrained to direct for personal appearance of the Secretary to Government in Finance Departm....