1973 (4) TMI 98

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....n from assessment under the Madras General Sales Tax Act on a turnover of Rs. 50,628.06 in the assessment year 1964-65 on the ground that the said sum represented the excise duty paid on the goods sold by him. The said claim for exemption was negatived by the assessing authority on the ground that the excise duty had been paid not by the assessee, but by his principal and, therefore, the benefit o....

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....969 the exemption towards excise duty is altogether withdrawn with retrospective effect from 5th January, 1957, and, therefore, whether the excise duty had been paid by the principal or by the assessee, no claim for deduction in relation to the said sum can be claimed under the present statutory provisions and that, therefore, the order of the Tribunal allowing deduction on a sum of Rs. 50,628 can....

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.... the provisions for exemption in relation to excise duty should be deemed to be not in the statute from 5th January, 1957. The learned counsel for the respondent then contends that, by withdrawing the exemption with retrospective effect, the assessee will be put to considerable hardship as he fixed the sale price of the goods on the basis that the excise duty paid on the goods will be allowed as d....