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TMI Blog1992 (7) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... the selling dealer is valid in deducting the gross turnover of the selling dealer? The question is slightly inaccurately framed. We reframe it to read as follows: Whether on the facts and in the circumstances of the case the Sales Tax Tribunal is correct to hold that even if the manufacturer was not eligible to purchase dal on the strength of its registration certificate during the financial year 1980-81 its issue of declaration in form I-A entitles the selling dealer to get deduction from the gross turnover for computation of the taxable turnover? 2.. The fact situation as indicated by the Tribunal in the statement of case is to the following effect: M/s. Joharimal Gajanand (hereinafter referred to as the dealer ) carries on bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.. The case at hand relates to claim of deduction in terms of serial 26-A. In terms of Notification No. 20206-C.T.A.-14/76-F. dated April 23, 1976, effective from May 1, 1976, serial 26-A so far as it is relevant and the declaration in form I-A in its entirety read as follows: 26-A. Purchase or sale of DECLARATION FORM I-A Declaration as required under entry 26-A of exemption list. I/We....................hereby declare that our manufacturing unit has been granted certificate bearing No..............dated....................by the Director of Industries, Orissa as village/cottage/small-scale industry and that the goods purchased by me/us in bill/cash memo No..............dated...............from.............shall be used as: (a) raw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in form I-A is to be furnished by the purchasing dealer or his authorised agent. 6.. The assessing officer as well as the ACST proceeded on the basis that the purchasing dealer should be authorised to purchase the article in terms of the certificate of registration to get the benefit. In view of the analysis made by us above, we do not find that such a condition was required to be fulfilled. The Tribunal in our view was, therefore, justified in its conclusion that the approach of the assessing officer as well as the ACST was not correct. We find that the matter was remanded to the assessing officer for verification of the forms submitted by the assessee in support of his claim. That, according to us, is also the correct approach. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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