TMI Blog1975 (3) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... Madurai and branches in various other places in this State. For the assessment year 1959-60, they reported a taxable turnover of Rs. 11,92,394.27 under the Central Sales Tax Act. On a check of the accounts, the assessing officer considered that a turnover of Rs. 7,45,140.97 relating to the sale of cotton which has not been included in the return is also liable to be assessed as a sale falling und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed also under the Tamil Nadu General Sales Tax Act. The transaction, as seen from the order of the Tribunal, was effected in the following manner: The petitioners entered into contracts with up-country sellers for purchase of cotton. Ninety per cent of the value of the goods was payable against railway receipt. The up-country sellers sent the railway receipt and the petitioners either directly or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid their tax, the petitioners are not liable to be assessed under the Central Sales Tax Act. The learned counsel contended that cotton being declared goods falling under section 14(ii) cannot be subjected to tax more than once under section 15 and that therefore the assessment in this case is not sustainable. We are wholly at a loss to understand this argument. What is prohibited under section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Madras[1968] 21 S.T.C. 195. referred to by the learned counsel dealt with two transactions and the liability of the first and the second transactions. As we have said already, there is only one transaction in this case which was liable to be taxed under the Central Sales Tax Act in the hands of the petitioners. The decision in Deputy Commissioner of Agricultural Income-tax and Sales Tax v. Triva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale or purchase of declared goods under section 4, the same goods shall not be subjected to levy and collection under the Central Sales Tax Act. Apart from the doubt on the applicability of this notification to the facts of this case, that notification came into force only on 28th December, 1963, long after the assessment year in question. That notification, therefore, could not be relied on by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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