9911796707
TMI Blog2001 (8) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1947 (hereinafter referred to as "the Act"), the said reference has been converted to tax revision and that is how it has come before us for disposal. 2.. The Tribunal referred the following question for opinion of this Court: "Whether, on the facts and in the circumstances of the case, the assessee is entitled to any relief of adjustment with respect of the taxes already paid by him on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period from April 5, 1986 to August 13, 1986 (during this period the petitioner was not a registered dealer) assess ment was made under section 12(5) of the Act raising the demand of Rs. 29,600. For the period from August 14, 1986 to September 30, 1986 assessment was made under section 12(4) of the Act raising the demand to Rs. 336. Being aggrieved by the order of assessments, the petitioner file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support of such payment of tax was produced before the Sales Tax Officer, the first appellate authority as well as before the second appellate authority, but they failed to take note of the consequence of such payment. Learned Additional Standing Counsel appearing for the depart ment submitted that in absence of any proof of payment of tax, the petitioner cannot escape the liability. 6.. On o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys down that the same goods shall not be taxed at more than one point in the same series of sales or purchases by successive dealers. In view of the fact that the sale of Indianmade foreign liquor and beer had already suffered tax, the petitioner cannot be further fastened with the liability to pay tax as it would amount to double taxation prohibited under section 8 of the Act. 8.. For the rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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