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1983 (11) TMI 264 - HC - VAT and Sales Tax
Issues:
1. Whether the disputed turnover representing the sales turnover of stainless steel vessels in the hands of the assessee can be taxed as first sales or exempted as second sales. 2. Whether the sales by the assessee should be considered as first sales due to the local dealer's registration certificate being cancelled before the date of purchase. 3. Whether the sales by the local dealer, even without a valid registration certificate, are taxable sales. 4. Whether all sales effected by unregistered dealers are liable to be taxed under the Act. 5. Whether the subsequent sales can be considered exigible for tax under the Act as second sales if there is a prior sale in the State. Analysis: The High Court of Madras, in the case concerning a disputed turnover of stainless steel vessels, addressed the issue of taxation on the sales turnover of the assessee. The assessee contended that the vessels sold should be exempted as second sales since they were purchased from a local dealer. The Revenue argued that the sales should be taxed as first sales due to the local dealer's cancelled registration certificate. The Tribunal held that the disputed turnover represents the assessee's second sales and should be exempted. The Court noted that the validity of the local dealer's registration certificate is immaterial if the assessee can prove a taxable sale as a second sale. The Court emphasized that sales by the local dealer, even without a valid registration certificate, are taxable. It rejected the Revenue's contention that sales by unregistered dealers are not liable to tax, stating that all sales by dealers are taxable if they are engaged in business. The Court cited precedents to support that subsequent sales cannot be taxed as second sales if there is a prior sale in the State under the single point taxation scheme. Consequently, the Court dismissed the tax case, upholding the Tribunal's decision and emphasizing that the sales should be considered as second sales and exempted from tax.
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