Marketability of printed books determined that customer-specific account books were not a taxable sale of printed material.

Printing account books for a specific customer was treated, on the facts considered, as not amounting to a taxable sale of printed material because the books had no marketability or commercial value for sale to anyone else. The Madras HC applied the same principle previously accepted by the Supreme Court on similar facts and held that the transaction was not to be characterised as a works contract or a sale attracting sales tax. The Tribunal's order was left undisturbed, and the challenge to the levy failed.

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Issues: Whether printing of account books for a customer constituted a works contract or a taxable sale of paper or printed material liable to sales tax.

Analysis: The printed books had no commercial value in the sense that they could not be sold in the market to any other person. Following the Supreme Court decision on similar facts, the Court held that the same principle applied to the assessee's printed books supplied to the bank. The suggested possibility of sale as waste paper was not examined, as that event did not arise for decision.

Conclusion: The Tribunal's order was left undisturbed and no interference was called for.

Final Conclusion: The tax case was rejected and the challenge to the levy did not succeed.

Ratio Decidendi: Where printed books prepared for a specific customer have no marketability or commercial value for sale to others, the transaction is not treated as a taxable sale of printed material on the facts considered.

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