9911796707
TMI Blog1967 (3) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... held to consist of inter-State sales and the rest were brought under the provisions of the Madras General Sales Tax Act. An appeal in respect of the first two items failed. But an appeal as regards the rest of the items succeeded, the Appellate Assistant Commissioner holding that these three transactions too were of an inter-State character. But in disposing of the appeal in respect of the first t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is State declarations in C Forms in respect of the purchases made by him from out of State sellers. Also it is not in dispute that the assessee did not produce certificates in Form E from out of State purchasers. In such circumstances, the contention is that it is only the State of Rajasthan from which the goods moved that could at all tax the subsequent sale effected during the movement of the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpliedly it would mean that the sales are not therefore within the ambit of section 6(2). If resales or subsequent sales do not fall within the ambit of section 6(2), they will attract the proviso to section 9(1). It follows, therefore, that the State which can tax them is the State from which the assessee who effected the subsequent sale obtained declarations in Form C. The first point as to juri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any amendment should also become a part of the law which adopts by reference. This is on the principle that the Legislature cannot abdicate its function. It is not necessary to elaborate the question as it has been considered by a Division Bench of this Court in Haji J.A. Kareem Sait v. Deputy Commercial Tax Officer(1), the principle of which has been followed in D.H. Shah & Co. v. The State of M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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