9911796707
TMI Blog1960 (4) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... applicants preferred an appeal from, that order to the Assistant Collector of Sales Tax who, by his order dated 23rd February, 1959, confirmed the order made by the Sales Tax Officer. From the appellate order the applicants went in revision before the Additional Collector of Sales Tax, Bombay City Division (Revision), Bombay, and that authority by his judgment dated 14th July, 1959, confirmed the order made by the Assistant Collector. It is the correctness of this order which has been questioned by Mr. Kshatri on behalf of the applicants. 3.. The learned Advocate appearing for the applicants says that the applicants are bullion merchants and their business is to purchase bullion from registered as well as unregistered dealers. According ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on or after the 1st April, 1954, in the pre-Reorganisation State of Bombay, excluding the transferred territories from registered dealers, and to the purchase of which the provisions of section 46 or clause (v) of rule 7 do not apply". Therefore what is exempted under rule 5(b) is sales of bullion as indicated in rule 5(b). There is a proviso to rule 5(b) which says: Provided that nothing in this sub-rule shall apply to sales of bullion prepared by melting any ornament or article made of gold or silver, either alone or partly with bullion. It is clear, therefore, that to claim exemption under rule 5(b) it must be sale of bullion only. The benefit of the provisions contained in rule 5(b) does not arise where the proviso applies and the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ornaments from customers and dealers and sell the refined bullion the case is dot covered by rule 5(b). Apart from the provisions of rule 5(b), no reliance has been placed upon any other provisions. The argument before the Additional Collector that the proviso to rule 5(b) does not apply to the case of the applicants because the proviso applies only to the case of those dealers who are selling melted bullion and also manufactured ornaments was not accepted by the Additional Collector and as the Sales Tax Officer has clearly found that the business of the applicants is not one of sale of bullion, pure and simple, but that they also purchase old and gold ornaments they cannot take the advantage of the provisions contained in rule 5(b). In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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