9911796707
TMI Blog1974 (7) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... 67, to 31st March, 1968). The dealer is a firm carrying on business in jewellery, and especially jewellery set with diamonds and other precious stones. The Commercial Tax Officer held that the transactions carried on by the dealer were sales of diamonds and other precious stones and gold and not sales of finished jewellery as such and, therefore, brought to tax the turnover as determined by hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bills and orders that had been placed before him. He accordingly confirmed the assessment as had been made by the Commercial Tax Officer. On a further appeal to the Tribunal, the dealer put forth the same contention but the Tribunal agreed with the reasoning of the taxing authorities and dismissed the appeal. Sri K. Srinivasan, the learned counsel for the petitioner, has taken us through the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... component parts would not be determinative of the question. The orders that have been reproduced by the Tribunal really mention finished products for being supplied. It is only the bills that give the particulars of the precious stones or gold and the labour charges. In the light of the ruling of the Supreme Court, it is clear that what has to be looked into is the contract and the intention of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Supreme Court reported in Government of Madras v. Simpson Company Ltd.[1968] 21 S.T.C. 21 (S.C.)., which also enunciates the principles to be borne in mind in determining whether a transaction is a works contract or a sale of finished article or of components forming it. The Tribunal has to determine the point in dispute having regard to the principles enunciated in the said rulings. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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