1951 (12) TMI 6

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....ated 30th December, 1949, on petitions Nos. 10, 10A, 10B and 10C of 1949. I have taken them up together for the sake of convenience as the grounds are more or less the same in all the cases and the parties are the same. A preliminary objection was taken on behalf of the learned Commissioner of Commercial Taxes that these petitions for review were not admissible under Section 20(4) of the Bengal Fi....

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...., was Rs. 13,36,823-2-3 and not Rs. 15,47,723-1-6 as previously understood by me. The last figure was arrived at without deducting the value of the goods returned and credit allowed as shown in the returns. The practice in the Department appears to have always been to deduct the price of goods returned and credit allowed which is not disputed by the opposite party. The principle of this appears to....

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....t in respect of the year ending 31st December, 1945, should be done afresh by the Commercial Tax Officer who has jurisdiction over the area in question. 4. The assessment for the year ending 31st December, 1945, being without jurisdiction and, therefore, illegal, there could be no question of the taxable turnover for the next three years being more than 3 lakhs as contended by the opposite part....