1977 (12) TMI 130

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....y Sales Tax Act, 1959 (hereinafter referred to as "the said Act"), made at the instance of the Commissioner of Sales Tax. The question referred to us for our determination is as follows: "Whether, on a true and proper interpretation of entry 1 of Schedule E to the Bombay Sales Tax Act, 1959, the Tribunal was correct in law in coming to the conclusion that 'platinum' was covered by the scope of ....

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....st of supply of the platinum was shown as Rs. 6,40,213.53. After an initial determination by the Commissioner there was an order of remand by the Sales Tax Tribunal. On remand, the Commissioner of Sales Tax held that platinum metal was not covered by entry 1 of Schedule E to the said Act and the entry applicable to platinum was the residuary entry 22 of Schedule E to the said Act and, as such, sal....

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....re them and that no evidence has been led by either side regarding the common parlance or the trade parlance meaning of the term "bullion". This position is also borne out by the record. In view of this, both the counsel submit that neither the Commissioner nor the Tribunal should have answered the question without any evidence regarding the common parlance or the trade parlance meaning of the ter....