TMI Blog1973 (4) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... year 1964-65 on the ground that the said sum represented the excise duty paid on the goods sold by him. The said claim for exemption was negatived by the assessing authority on the ground that the excise duty had been paid not by the assessee, but by his principal and, therefore, the benefit of exemption was not available to the assessee who had not paid the excise duty himself. The matter was ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1957, and, therefore, whether the excise duty had been paid by the principal or by the assessee, no claim for deduction in relation to the said sum can be claimed under the present statutory provisions and that, therefore, the order of the Tribunal allowing deduction on a sum of Rs. 50,628 cannot be upheld. We are of the view that the learned Government Pleader is right in his submission that af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... January, 1957. The learned counsel for the respondent then contends that, by withdrawing the exemption with retrospective effect, the assessee will be put to considerable hardship as he fixed the sale price of the goods on the basis that the excise duty paid on the goods will be allowed as deduction in his assessment proceedings. But we cannot take note of the hardship pointed out by the learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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