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1987 (12) TMI 310

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....red dealer under the Madras General Sales Tax Act, 1959 (hereafter "Act" for short). The Deputy Commercial Tax Officer completed the assessment for the year 1962-63, by his order dated 6th August, 1973 (sic). While examining the accounts of the subsequent year, the assessing officer discovered a transaction relating to sale of a film named "Nanum Oru Penn" to M/s A.V.M. Productions for a consideration of Rs. 1,91,903.57 on 30th March, 1963. As the transaction related to the year 1962-63, the assessing officer reopened the assessment for the previous year and included the sale price in the turnover, and raised the demand along with penalty. The reassessment was unsuccessfully challenged in appeal before the Appellate Assistant Commissioner. ....

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....s sale of tangible articles. The decision of the High Court is under challenge. The Madras Act defines "goods" thus in section 2(j): "All kinds of movable property (other than newspapers, actionable claims, stocks and shares and securities) and includes all materials, commodities, and articles (including those to be used in the fitting out, improvement or repair of movable property); and all growing crops, grass or things attached to, or forming part of, the land which are agreed to be severed before sale or under the contract of sale." The agreement under which the sale took place is on record. It is not disputed that apart from the two items which the High Court has held to be taxable, there were other moveable items which were also so....