TaxTMI 
TaxTMI 
2020 (2) TMI 375
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.... Aristotle S., AOR Ms. Radha Rangaswamy, AOR ORDER 1. Heard counsel for the parties. 2. The opening ground urged by the appellant is that the High Court ought not to have entertained the appeals on merits without condoning the delay in filing of appeals. This argument though attractive at the first blush, does not take the matter any further as we find the delay was only of 71 and 283 days respectively and sufficient explanation has been offered by the respondent(s) which could be condoned in the interest of justice and we order accordingly. 3. The core issue raised in these appeals, in our opinion, is no more res integra. It has been answered in the decision of this Court in "Malnad Areca Processing and Marketing Limited vs. De....
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....to claim sales tax exemption or deferment of sales tax both under the Act and the CST Act. In the field of taxation, it is recognized that the power to classify the objects or persons to be taxed or exempted from levy is with the legislature. It also enjoys the power to select persons or transactions. A law of the State, could therefore, levy tax both at the sale point and at the purchase point. 19. Under the government order, the policy of the Government as spelt out is, that tiny and small-scale industries and medium-and large-scale industries may exercise their option either for sales tax exemption or sales tax deferment for number of years prescribed in the government order itself. In the context in which these expressions are ....
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....s with both sale as well as purchase, and purchase being the part of the same sale, the benefit under the policy concerned must be extended also for purchase, especially, because of the amendment to the policy by inserting the industry of the appellant in Appendix-IV. We are not impressed by this submission. 7. The fact that the appellant/assessee's industry has been included or added in Appendix- IV does not mean that the substance of the policy has undergone any change. The purport of amendment is only to include more industries which were left out in the first notification of 15th March, 1996. 8. Counsel for the appellant had also placed reliance on the Constitution Bench decision of this Court in Devi Das Gopal Krishnan (supra), i....
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....nts both in common law and under the Indian Contract Act. 'Price' has been defined in the Sale of Goods Act to mean money consideration for the sale of goods : see Section 2(10) of the Indian Sale of Goods Act. It will, therefore, be seen that the definition of "purchase" in the Act prima facie appears to be wider in scope than "sale". While transfer of goods from one person to another is the ingredient of "sale" in general law, acquisition of goods, which may in its comprehensive sense take in voluntary as well as involuntary transfers, is an ingredient of "purchase" in clause (ff). While "price", i.e., money consideration, is the ingredient of "sale", cash, deferred payment or any valuable consideration is an ingredient of 'pu....