TaxTMI 
TaxTMI 
TaxTMI 
2020 (3) TMI 10
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....s under section 5(2)(a)(ii) of the Punjab General Sales Tax Act, 1948?" The brief facts are that the assessee was engaged in trading of AC sheets, angles and hardware goods. For the assessment year 1983-84, returns were filed and the assessment was finalised on 2.2.1987. The order was taken up in revision on the ground that the goods purchased from the petitioner were not mentioned in the registration certificate of the purchasing dealer hence deduction under Section 5(2)(a)(ii) was dis- allowed vide order dated 31.3.1989. The revision filed before the Sales Tax Tribunal, Punjab (for short, 'the Tribunal') was dismissed on 28.6.1993. Before dealing with the question, relevant provisions are reproduced below: "Section ....
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.... reproduced below: " RULE-26 (1) Any dealer, who wishes to deduct from his gross turnover the amount in respect of sale on the grounds that he is entitled to make such deduction under the provisions of sub-clause (ii) of clause (a) of sub-section (2) of section 5, shall obtain a declaration duly filled in and signed by the purchasing dealer or his agent, as prescribed under rule 55-A. (2) The selling dealer shall prove to the satisfaction of the assessing authority, the genuineness of his claim by producing the said declaration in respect of sale of such goods at the time of assessment or when called upon to do so, by notice, by a competent authority under the Act. FORM S.T.IV Certificate of Registration ....
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.... name of the firm should be notified within 30 days and the registration certificate got amended accordingly. Section 5 of the Act prescribes rate of tax. Sub-section (2) thereof provides for calculation of 'taxable turnover'. In the eventualities mentioned in the sub-clauses, the deduction is to be made from the gross turnover and net would be the taxable turnover. To decide the present issue, sub-section (2)(a)(ii) to Section 5 of the Act would be relevant. It provides that sales made to a registered dealer of the goods (except goods taxable at first stage) intended to be re-sold in Punjab or in the course of inter-State trade or commerce or to be exported out of India or the goods specified in the registrat....
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....icate where the dealer is registered for re-sale or is involved in trading also. The position would be different if the dealer is not registered for trading, in that case even non-scoring of purpose of purchase would be of no relevance as in such eventuality, only the goods specified in the certificate of registration can be purchased for use in manufacture. In view of the above, the question is answered accordingly. ============= Document 1 A. (Counterfoil to be retained by the purchaser) FORM ST-XXII DECLARATION B. (To be retained by the seller) C. (To be furnished by te selling dealer to the Assessing Authority with the return) FORM ST. XII FORM ST.XXII FORM ST.XII (See rules 26 and 27....