1974 (11) TMI 82

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in this reference under section 34(1) of the Bombay Sales Tax Act, 1953, is "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that even though the vendors of the respondent had claimed the impugned sales to the respondent as exempt from tax under rule b(1)(vi) of the Bombay Sales Tax Rules, 1952, it was not for the respondent to prove that he....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cy transactions. Another contention of the department was that the respondentfirm had purchased bullion in order to supply it to the outside-State principals and that it had purchased such bullion by giving a certificate under rule 5(1)(vi) of the Bombay Sales Tax Rules, 1952, that these goods were meant for resale and that as the assessee had not resold the goods, it had committed an infringement....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he goods are required by him for the purpose of resale: Provided that where any goods to which this clause applies are utilised by the purchasing dealer for a purpose other than resale, the price of the goods so purchased shall be included in the taxable turnover of the purchasing dealer under section 7. " In support of its contention that the respondent-firm had purchased bullion by giving ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Goswami Press, Cuttack v. State of Orissa[1973] 32 S.T.C. 479.  Section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act, 1947, is in very similar terms to the said rule 5(1)(vi). The Orissa High Court held that the burden lay on an assessee to establish his claim under section 5(2)(A)(a)(ii) of the said Act, but when action had to be taken against an assessee under the proviso thereto, the burden ....