1988 (6) TMI 309

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.... of remand by the Sales Tax Appellate Tribunal. The relevant facts are: The petitioner-assessee submitted A-2 returns disclosing a gross turnover of Rs. 3,56,504, claiming that turnover in an amount of Rs. 1,18,943.70 is exempt. The net turnover was shown at Rs. 2,37,560.50. Against the order of assessment dated 10th July, 1979, rejecting his contention, the assessee preferred an appeal to the As....

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.... failed to file A-5 returns, this contention cannot be accepted. Another item in respect of which exemption was claimed on this occasion was Rs. 1,43,767.25. The contention of the assessee was that in respect of this turnover they acted as selling agents on behalf of the principals who are horticulturists and since there is no liability on the principals, the agent is equally not liable to pay tax....

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....hat a further investigation is necessary to determine whether the assessee is liable to be taxed on the transactions in question. The Tribunal correctly observed that whether the goods in question fall under entry 5 of the Third Schedule or entry 10 of the Second Schedule, they are taxable at the point of last purchase in the State, but were rightly of the opinion that all the facts have to be gon....