2000 (7) TMI 922

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....r is a private limited company registered under the Companies Act, 1956. It is engaged in the business of manufacturing and selling of T.V. receiver sets. It is a registered dealer under the Orissa Sales Tax Act, 1947 and the Central Sales Tax Act, 1956 (in brief "the CST Act"). It had originally disclosed a gross turnover of Rs. 16,700 in the annual return furnished on May 14, 1987 for the year 1986-87. In the course of assessment proceedings it submitted a revised return indicating gross sale turnover at Rs. 11,77,677.50. Before the assessing officer it claimed that the entire sales disclosed in the revised return are exempted sales on the ground that they were tax free sales inasmuch as it had not charged and collected any sales tax o....

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....A) of the CST Act on the sale or purchase of goods is available only when sale or purchase of such goods is generally exempt under the State sales tax law and the relevant Government notification being not a general exemption but a conditional one, claim for exemption is not tenable. 4.. May it be noted that the Supreme Court in Pine Chemicals Ltd. v. Assessing Authority [1992] 85 STC 432 held that the dealers-assessees were entitled to claim the benefit of the provision contained in section 8(2-A) of the CST Act in view of the exemption granted to them under the Jammu and Kashmir Government order No. 159. The Commissioner of Sales Tax, Jammu and Kashmir sought review of the aforesaid judgment and the Supreme Court by judgment dated Octo....

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....e Schedule to the said notification for the entries in the columns (2) and (3) against serial No. 30-M occurring under column (1) the following entries shall be substituted and thereafter the following form 1-C shall be inserted, namely: SI. Description of goods Condition and exception subject No. to which exemption has been allowed. (1) (2) (3) Sale by registered dealers of elecThe exemption shall be allowed troic goods manufactured in the for the period from April 1, 1986 State of Orissa by the existing or from the date of start of and new electronic industries as commercial production thereafter declared by the State Electronics up to March 31, 1991 subject to Development Corporation excludproduction of a certificate in fo....