1979 (3) TMI 188

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.... (Retrospective validation with effect from 15th August, 1958, has not been withdrawn.) (2) Whether, on the facts and in the circumstances of the case, the dealer is entitled to claim the deduction in respect of the sales of Rs. 2,28,123 as sales to registered dealer for resale when the sales have been effected to M/s. Kotak & Co., Sarafa, Ujjain, after 25th August, 1958, when the order for registration was passed and before the date of actual issuance of the certificate, i.e., 8th September, 1958?" 2.. The material facts giving rise to this reference briefly are as follows: The assessee is a registered dealer and was carrying on business in cotton at the material time. The period of assessment is from 1st April, 1958, to 31st March, 1959....

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....he certificate was issued to M/s. Kotak & Co. on 8th September, 1958, bearing an endorsement that the registration was to be effective from 15th August, 1958. It is also not disputed that if on the date when the sale was made M/s. Kotak & Co. was a registered dealer, then the assessee was entitled to claim deduction in respect of that sale. The short question for consideration, therefore, is whether the sale made by the assessee to M/s. Kotak & Co. should be held to be a transaction with a registered dealer. 5.. Now, the material provisions of section 6 of the Act, which deal with licensing and registration of dealers, are as follows: "6. (1) No manufacturer or importer of goods shall, while being liable to tax under this Act, carry on bu....