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1989 (1) TMI 348

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..... dealer in mica. He submitted a return for the assessment year 1971-72, showing a gross turnover of Rs. 1,55,661.50. Out of it he claimed exemption in respect of Rs. 163.65, the balance being shown as net turnover. The Deputy Commercial Tax Officer accepted the turnover, but his order was revised by the Deputy Commissioner under section 20(2) of the Andhra Pradesh General Sales Tax Act, 1957. The D .....

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..... His case was that the Deputy Commissioner ought to have excluded the turnover which formed part of the closing stock of the preceding assessment year and had been subjected to tax during the said preceding assessment year, viz., 1970-71 as per the system followed by the department throughout. The Tribunal observed: "It is not in dispute that the opening stock of Rs. 51,151.56 of the assessment ye .....

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..... chedule to the Act relating to mica, taxing of closing stock in that assessment year is based on no principle; but as pointed out by the Tribunal, having regard to the practice that was being followed by the department, the change in the principle would result in double taxation which would not be warranted in the facts and circumstances of the case. The Tribunal has also pointed out that since .....

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