1971 (9) TMI 174

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....The net turnover determined includes a turnover of Rs. 3,23,525.01 which represents the purchase value of groundnuts sold to non-resident dealers in the course of inter-State trade. The respondent took the matter in appeal before the Assistant Commissioner of Commercial Taxes, Anantapur, disputing the assessment on a turnover of Rs. 3,23,525.01. The Assistant Commissioner dismissed the appeal. A further appeal was taken to the Sales Tax Appellate Tribunal which, following its earlier common order in T.A. No. 42 of 1968, etc., dated 23rd September, 1968, allowed the appeal. The Tribunal held that in respect of declared goods, tax could be levied and collected only under the Central Sales Tax Act, 1956, and not under the State Act and any ass....

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....ax shall not be levied at more than one stage. The second condition is that if the tax is levied under a State law in respect of the sale or purchase inside the State of any declared goods and such goods are sold in the course of interState trade or commerce, the tax so levied shall be refunded to such person in such manner and subject to such conditions as may be provided in any law in force in that State. In section 15 of the Central Sales Tax Act, there is no bar to the levy of sales tax by a State on declared goods. It has, therefore, to be seen whether section 6 of the Sales Tax Act which provides for levy of sales tax on declared goods conforms to the conditions laid down in section 15 of the Central Sales Tax Act. Section 6 of the Sa....