1960 (4) TMI 53

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....e assessed by the Sales Tax Officer in the manner set out in his order dated 21st February, 1958. The applicants preferred an appeal from, that order to the Assistant Collector of Sales Tax who, by his order dated 23rd February, 1959, confirmed the order made by the Sales Tax Officer. From the appellate order the applicants went in revision before the Additional Collector of Sales Tax, Bombay City Division (Revision), Bombay, and that authority by his judgment dated 14th July, 1959, confirmed the order made by the Assistant Collector. It is the correctness of this order which has been questioned by Mr. Kshatri on behalf of the applicants. 3.. The learned Advocate appearing for the applicants says that the applicants are bullion merchants....

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....b) sales of bullion prepared by melting, mixing or refining bullion which has been purchased by a dealer on or after the 1st April, 1954, in the pre-Reorganisation State of Bombay, excluding the transferred territories from registered dealers, and to the purchase of which the provisions of section 46 or clause (v) of rule 7 do not apply". Therefore what is exempted under rule 5(b) is sales of bullion as indicated in rule 5(b). There is a proviso to rule 5(b) which says: Provided that nothing in this sub-rule shall apply to sales of bullion prepared by melting any ornament or article made of gold or silver, either alone or partly with bullion. It is clear, therefore, that to claim exemption under rule 5(b) it must be sale of bullion only.....