2017 (2) TMI 1054

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....e Respondent ORDER P. C. 1 This Sales Tax Reference is at the instance of the Revenue. The Revenue made an application before the Sales Tax Tribunal and requested it that certain questions proposed by it are questions of law and directly arising from the order passed by the Tribunal on 5th April, 2003, in Second Appeal Nos.359 of 2000 and 360 of 2000. 2 The References were disposed of with the....

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....ist the Court or seek any opinion on the question proposed though the Tribunal may view it as a question of law. 4 We are surprised at these state of affairs and prevailing in the Commissionerate. The earlier the understanding of the Commissionerate of Sales Tax and equally the dealers that it is their choice to seek opinions and answers on the questions of law is dispelled and removed, the bette....

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....e at the instance of the Revenue. The Revenue did not later on deem it fit and proper to seek an opinion and answer of this Court on the question of law forwarded for this Court's opinion by the Tribunal. The Tribunal also, in this peculiar case, thought that the question proposed and forwarded by it, as reproduced above, is a question of law. 5 However, in the order on the Reference Applicat....

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....doubt when it first entertained a question like this for a question of classification pure and simple based on the interpretation of the Entry could be said to be a question of law. However, if certain types of goods are covered by the description as may be found in the Schedule or not, then, that would, depending upon the facts and circumstances of each case, be a mixed question. Whether the Trib....