9911796707
TMI Blog1998 (8) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... appended to the Kerala General Sales Tax Act, 1963 the assessee would be entitled to the reduction of tax leviable on coconut oil from the tax levied on the purchase turnover of copra or coconut, from which the coconut oil was produced. 2.. The Appellate Tribunal took the view that under the Explanation, reduction will be available only when tax is leviable on coconut oil as well as on coconut o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration is not possible in view of the situation that tax collected by the assessee with regard to coconut oil cake is forfeited to the Government. If it is forfeited to the Government, the situation will have to be understood for the purpose of consideration of benefit of explanation not in the manner in which the Tribunal has observed but it will have to be taken into consideration that the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to reduction of tax leviable on the turnover of coconut oil by the amount of tax levied on the purchase turnover of copra or coconut, from which the coconut oil was produced. Explanation to entry 51 was introduced to avoid double taxation. The rationale underlying the Explanation is that when coconut oil and coconut oil cake are produced from the raw material, viz., copra or coconut, then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of conjunction and is necessary. The Explanation does not indicate that if coconut oil cake a by-product is not chargeable to tax, then tax leviable on coconut oil will not be reduced by the amount of tax levied on the copra or coconut, from which the coconut oil was produced. We are, therefore, of the view that the Appellate Tribunal misinterpreted the clear language, employed in the Explan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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