9911796707
TMI Blog1996 (2) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that the iron and steel being entry tax paid in terms of the condition laid down against item 58 in column (4) of the Schedule to S.R.D. Notification No. A-3-18-82(13)-ST-V dated April 1, 1982 and the clarification issued by the State Government in the Margdarshika, purchase tax will be payable at the concessional rate of 2 per cent and not 3.5 per cent?" 2.. Briefly stated, the facts of the case are that the non-applicant/assessee is a manufacturer of machine parts and purchaser of iron and steel goods used as raw material in its hands. The iron and steel goods purchased by the assessee were assessed to entry tax at its hands. The purchase prices of such iron and steel goods are Rs. 22,291 for the period 1983-84 and Rs. 46,300 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, as noted above, for our opinion. 3.. We have heard Shri Piyush Mathur, learned Deputy Government Advocate for the applicant/department and Shri S.C. Goyal, learned counsel for the non-applicant/assessee in both these reference applications. 4.. Placing reliance on the decision of this Court reported in (1992) 9 TLD 141 (New Shakti Iron and Steel Re-rolling Mills, Indore v. State of M.P.) Shri Goyal submitted that the dealer enjoys exemption from payment of purchase tax if goods purchased suffered entry tax. According to him in such a case dealer becomes entitled to exemption from payment of purchase tax. In the aforesaid decision, it is held as under: "In the result, therefore, this writ petition succeeds and is allowed. It is held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations. 7.. However, as prayed we find it fit to reserve the liberty to the applicant to raise such question in identical case before the Tribunal and on unsuccess before this Court to secure proper direction to the Tribunal for answer by this Court. 8.. Lord Mansfield in John Wilkes case (1770) 4 Burr 2528 stated in classic terms that discretion means sound discretion guided by law and governed by rule, not by humour. 9.. As the expression used in section 44(4) is "may", we find it fit to exercise the discretion to close these cases on account of smallness of the amount. 10.. In the result, we decline to answer the question and also decline to call upon the Tribunal for making any additions or alterations. 11.. These reference ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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