1991 (6) TMI 238

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.... K.P. RADHAKRISHNA MENON, J.-Common questions arise for consideration in these cases and they are: "1. Whether on the facts and circumstances of the case the Tribunal was justified in law in holding that the respondent-assessee was not a dealer in cashew shells, gunnies, etc.? 2.. Whether the Tribunal was justified in law in holding that the principle of the decision of this Hon'ble Court....

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....authority as also the Appellate Assistant Commissioner rejected the above contention and entered the finding that the assessee is a dealer in these articles also. Accordingly the sale proceeds were found liable to be taxed. The Appellate Tribunal on the other hand, relying on a Division Bench ruling of this Court in Deputy Commissioner of Sales Tax v. Carborundum Universal Ltd. [1981] 47 STC 73 he....

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....sale of those articles enters his accounts and the same may on an overall view, enhance the total profit or indirectly reduce the cost of production of goods in the business of selling in which he is engaged [see the decisions of the Supreme Court in State of Gujarat v. Raipur Manufacturing Co. Ltd. [1967] 19 STC 1 and State of Tamil Nadu v. Burmah Shell Oil Storage and Distributing Co. of India L....