TaxTMI 
TaxTMI 
1983 (7) TMI 285
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....llate authority came to the conclusion that the sum of Rs. 23,048 realised by the assessee by the sale of the car was liable to tax under the Tamil Nadu General Sales Tax Act, 1959, but found that the actual sum received by the assessee, after allowing for depreciation and loss, was only Rs. 14,500 and that therefore the turnover by way of sale of the car should be taken to be only Rs. 14,500. Not satisfied with the decision of the appellate authority, the assessee went before the Tribunal. Before the Tribunal, it was contended by the assessee that the sum of Rs. 14,500 represented the sale proceeds of a capital asset and therefore it could not be taken to be a turnover as defined in the Tamil Nadu General Sales Tax Act. In support of this ....
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....has held that receipts realised by the sale of scraps, like unserviceable oil drums, hose-pipes, jerry cans, etc., were in the course of the business of the company, and therefore the turnover in respect of those commodities, even though they were unserviceable, was liable to tax. In that case, the Supreme Court took into account the definition of the term "business" under the Tamil Nadu General Sales Tax Act, 1959, which was considered to be of the widest scope so as to take in all transactions of sales carried on in the course of business, though the articles sold may not be in the line of business undertaken by the assessee. The decision in the Burmah Shell case [1973] 31 STC 426 (SC) has been followed by this Court in a series of cases....