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TMI Blog1980 (9) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment year 1975-76, the petitioners returned a total and taxable turnover of Rs. 1,08,29,979 and Rs. 1,03,46,238 respectively. The joint Commercial Tax Officer included the purchase turnover of old jewels and determined the taxable turnover at Rs. 1,48,04,673 and levied tax on the purchase turnover at 1 per cent. The Appellate Assistant Commissioner confirmed the assessment. Before the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been melted and (they have) gone into the manufacture of new jewels. Therefore, the appellants are liable to tax on the purchase turnover of bullion under section 7-A of the Act and the authorities have rightly assessed the turnover to tax. The assessment is therefore confirmed. It is the correctness of this conclusion of the Tribunal that is challenged in the present tax revision case. Fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el as per the judgment of the Supreme Court in Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam v. Pio Food Packers [1980] 46 STC 63 (SC), which dealt with section 5A(1)(a) to the Kerala General Sales Tax Act, 1963, corresponding to section 7-A(1)(a) of the Tamil Nadu General Sales Tax Act, 1959, all the three conditions, namely, "consumption", "manufacture" and "manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The only answer the learned counsel gave was that there will be a further question from the seller as to what form or type of jewellery he wanted and afterwards, he will have to specify a particular form of jewellery which could be offered by the seller. We are mentioning this merely for the purpose of illustrating the far-fetched nature of the argument put forward by the learned counsel. Havin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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