MIS. PINE CHEMICALS LTD. AND ORS. ETC. ETC. v. THE ASSESSING AUTHORITY AND ORS. ETC. ETC.

PINE CHEMICALS v. ASSESSING Atm!ORITY [V. RAMASWAMI, J.) 219

in exercise of lheir power under section 8 B of the Local AcL The assessees A have made some deposits in pwsuance of interim orders made by this Court pending the appeals. It is also stated that during the pendency some Olher amounts were also paid by the asse8sees in addition to the amounts paid as per the directions given by this Court. The refunds of this money and the liability of lhe State Government to pay any interest while refunding the deposits will all have to await the demand, if any, that may be made by the B Government under section 8 B of the Local AcL However, we make it clear that the stay of refund of money collected as aforesaid will be only for a period of six months by which time the Department should initiate proceedings, if any, under Section 8 B of the Local Act, if so advised.

To sum up : G.O. 159 Ind. dated 26.3.1971 and G.O. 414 dated C :25.8.1971 are exemption from payment of sales tax orders referable to the powers of the Government under Section 5 of the J & K Geneial Sales Tax Act and that exemption covers the entire series of sales of the goods comprehended within it but that the exemption was available only for a period of five years from the date of commissioning of the industries and not for ten years. The benefit of the exemption under the said Government D orders are also available in respect of the inter-State sales of the same commodities for a period of five years from the commencement of the commerial production. The appeals are accordingly allowed to the extent ).. mentioned above. However, there will be no order as to costs.

V.P.R. Appeal allowed.