9911796707
TMI Blog1991 (4) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... nly grievance projected by the respondent-assessee before the Sales Tax Appellate Tribunal, Main Bench, Madras. The Tribunal came to the conclusion that transaction handled by the assessee was one falling under section 6(2) of the Central Sales Tax Act eligible for exemption but restricted and confined the exemption to the extent of E1 form sales for Rs. 1,71,475 only. Disallowance of exemption wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer is therefore justified in disallowing exemption on the turnover under dispute and levying tax under the Tamil Nadu General Sales Tax Act, 1959. The Tribunal, however, did not agree with the view of the assessing authority. The Tribunal found on the basis of the material placed before the authorities that the assessee had produced E1 forms and that the contract entered into by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to tax under the Act. A dealer claiming exemption for subsequent sale during the movement of the goods from one State to another is required to furnish to the prescribed authority E1 certificates. The assessee in this case admittedly produced E1 certificates to the extent of Rs. 1,71,475. The Tribunal, on the basis of the material on record found that the assessee had not taken delivery of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s perfectly sound and valid. The assessing authority, without reference to any material or evidence, returned a finding against the assessee on mere surmises and conjectures, and we find it difficult to accept the finding of the assessing authority in preference to the finding recorded by the Tribunal after proper and correct appreciation of the evidence and the material on record. Consequently ..... X X X X Extracts X X X X X X X X Extracts X X X X
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