Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

1954 (4) TMI 38

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... sold. That contention was repelled by the Tribunal. Dealer is no doubt defined by Section 2 of the Act as "any person who carries on the business of buying or selling goods." We are unable to accept the interpretation placed upon that section by the learned counsel for the petitioner, which would really convert the definition into something like this: "Dealer means a person who carries on the business of buying and selling the very goods he bought". We see no basis in the scheme of the Act or in the wording of the section for such an interpretation. Under rule 4(2) of the Madras General Sales Tax Turnover and Assessment Rules, dealings in groundnut are taxable at the purchase point. It was on the purchase point that the assessee was taxed.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s contention either. That was also rejected by the Tribunal. Groundnut kernel is certainly part of groundnut, and whether the groundnut bought by the dealer was sold as groundnut or was sold as groundnut kernel or was subsequently converted into oil and sold as oil, what was taxable was the purchase. We agree with the Tribunal in holding that the expression groundnut, even as the expression in clause 2(b) "cashew" included the kernel in this case, the groundnut kernel. The third point urged by the assessee was that in allowing the de- duction under rule 18 of the Madras General Sales Tax Turnover and Assessment Rules read with rule 5(1)(k), the assessee was entitled also Since reported as State of Madras v. Eastern Supplies Ltd. [1954] (5 S....