1991 (4) TMI 416

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... assessing authority in the original assessment exempted a turnover of Rs. 1,39,658.98 from the purview of sales tax holding the turnover as not exigible to tax since it did not represent sale but only service. This view was taken by the assessing authority in view of the judgment rendered by the Supreme Court in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi [1978] 42 STC 386. It t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n the judgment of the Supreme Court in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi [1980] 45 STC 212 and it was argued that there was no sale of food and that service is the dominant object of the transactions in the respondents' Bhavan and, therefore, the turnover was not exigible to tax. The appellate authority, however, found that there was sale of food which was predominant o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... or the other as to what was the substance of the transaction and dominant object of the same, it should have remitted the matter to the assessing authority for investigation on the question of fact since it had been observed in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi [1980] 45 STC 212 (SC) that this question of fact should be decided in each case with reference to nature and....