2009 (5) TMI 876

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....AMACHANDRAN NAIR J.-Question raised in the connected tax revision cases filed by the Revenue is whether the sales made by the respondent of cotton yarn is local sale or inter-State sale. The assessment pertains to the years 1998-99 and 1999-2000. The respondent was enjoying sales tax exemption on local sales by virtue of certificate issued by the Industries Department. However, no exemption was av....

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.... have heard Special Government Pleader appearing for the petitioner and counsel appearing for the respondent. During hearing, the Government Pleader produced the assessment records wherein it is seen that the entire turnover involved was returned by the assessee in the CST return filed in form No. 2. In the covering letter issued by the respondent along with return, it is specifically stated th....

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....spondent. The respondent has not furnished any details of the sales and the payments arranged by the so-called agent. It is patently clear that the introduction of agent and claim of sale to him in Kerala is only to camouflage inter-State sales as local sales to avoid payment of CST. It is also worthwhile to mention that even if goods are lifted by agent, the sale will still be inter-State sale be....