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TMI Blog1992 (11) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in the year 1968 from the registered dealer and, therefore, its sale constituted 'resale' under section 7(ii) of the Gujarat Sales Tax Act, 1969?". 2.. The brief facts relevant for the purpose of deciding the question involved in the matter can be stated as under. 3.. The opponent, M/s. Zalawar Petroleum Company, is a dealer carrying on business of reselling petrol, diesel oil, kerosene, petroleum products, etc., at Surendranagar. In the year 1968 the opponent purchased a motor vehicle chassis from a registered dealer. After purchasing the same it mounted a tank and used the vehicle as tanker for carrying goods sold by it. Subsequently, on December 31, 1974, the opponent sold the said vehicle for an amount of Rs. 40,000. The Sales Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by it in the same form in which it was originally bought by the opponent in the year 1968. Thereafter the matter was heard afresh by the Tribunal and it came to the conclusion that the opponent had in fact sold the chassis of the motor vehicle bearing No. GTX 5785 to Shri Gafarbhai Yunusbhai and had made resale and therefore, sale price of Rs. 40,000 in respect of the disputed motor vehicle does not attract any tax. It was further held by the Tribunal that penalty of Rs. 1,200 imposed under section 45(6) of the Act by the Sales Tax Officer ceased to be leviable and that as penalty of Rs. 100 imposed under section 45(8) of the Act has been removed by the Assistant Commissioner of Sales Tax, no further order was required to be passed thereo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law when an assessee is entitled to get certain depreciation he would put the valuation of the goods, property, machinery or vehicle accordingly in his books of accounts. With the passage of time the depreciated value of such goods, property or machinery or vehicle may be very meagre, but that does not mean that factually the said vehicle does not exist. On the question whether the vehicle exists or not, the opponent-assessee has relied on the affidavit filed by Shri Gafarbhai Yunusbhai and that has been also supported by the correspondence exchanged between the opponent-assessee and the Senior Inspector of Factories, Rajkot. These two pieces of evidence have been totally disregarded by the Assistant Commissioner of Sales Tax on the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X
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