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TMI Blog1980 (8) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act: "Whether on the facts and in the circumstances of the case and on an interpretation of section 6A of the Central Sales Tax Act, 1956, which came into force with effect from 1st April, 1973, goods which moved from Orissa to outside the State on 26th February, 1973, for commission sale can be taxed at the ordinary rate on account of non-submission of form F?" 2.. The assessee is a registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the movement of such goods from one State to another was occasioned by reason of transfer of such goods by him to any other place of his business or to his agent or principal, as the case may be, and not by reason of sale, the burden of proving that the movement of those goods was so occasioned shall be on that dealer and for this purpose he may furnish to the assessing authority, within the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old that for the transaction in question declaration under section 6A was not necessary and without the declaration the assessee was entitled on the basis of its accounts to prove that the goods had so moved. Merely on account of non-production of the declaration by the assessee, the turnover of the goods sent to its commission agent could not have been assessed to tax. Our answer to the questio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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