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1957 (4) TMI 51

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..... aintain a separate anamath chittai and the major portion of the purchases of yarn as noted in the chittai was not proved to have been entered in the regularly maintained books. They estimated the turnover suppressed by this method at about Rs. 30,000. Nevertheless the Tribunal took the view that there was no justification for the action of the Deputy Commercial Tax Officer in depriving the assesse .....

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..... expressly granted subject to the provisions of the Madras General Sales Tax Act, 1939, and the rules made thereunder and to the following among other conditions, namely: "In the case of cotton yarn other than hand-spun yarn and cloth woven on handlooms wholly or partly with mill yarn, the licensees shall keep accounts showing the names and addresses of the persons from whom they bought and to who .....

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..... e may be assessed to tax or taxed under section 3 as if the provisions of section 5 or the notification under section 6, as the case may be, did not apply to such sales and notwithstanding that a licence, if any, taken out or renewed by the dealer continued or continues to be in force during the year. Undoubtedly from the contravention of the condition of the licence it would follow that the asses .....

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..... ny basis to sustain such an argument. Section 6-A is quite clear that all sales with effect from the commencement of the year in which such contravention takes place will lose the benefit of the exemption under sections 5 and 6 of the Act and not merely sales in respect of which there has been a contravention of the rules or the conditions of the licence. With great respect we are in entire agreem .....

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