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TMI Blog2006 (10) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... ears 1984-85 and 1985-86): (a) Whether the honourable Tribunal was correct in law in following the judgment of the honourable Supreme Court of India reported in State of Maharashtra v. Britannia Biscuits Company Limited [1995] 96 STC 642 and in creating distinction in judgment of the Supreme Court of India reported in Punjab Distilling Industries Ltd.v. Commissioner of Income-tax [1959] 35 ITR 519, wherein the transfer of bottles against security deposits has been held as transactions of sale? On this anology, whether the transaction of supply of cylinder and pressure regulators against security to the consumer are covered by definition of 'sale'? (b) Whether, on the facts and circumstances of the case, the General Sales Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re regulators and created no liability on the customer to return the same within a stipulated period? Brief facts as have been noticed in the statement of case are that the respondent-assessee, a registered dealer under sales tax laws, is a Central Government undertaking and engaged in the resale of petroleum products and insecticides/finits including L.P.G. cylinders marketed by it through various distributors. The Assessing Authority, Jalandhar framed assessments of the respondent-corporation for the years 1984-85, 1985-86, 1986-87 on September 20, 1989, January 9, 1990 and March 27, 1991 respectively and created additional demand of Rs. 8,52,128, Rs. 3,47,776 and Rs. 39,228 for the respective years. The Assessing Authority, Jalandhar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stomers against cylinders/regulators at the time of release/sanction of connection as the sales are only a mode of carrying gas. The writ petitions in the case of Indian Oil Corporation, relying upon the pendency of which, questions of law were referred to this court for opinion, have also been decided by this court in favour of Indian Oil Corporation1 vide judgment dated January 8, 1999. 1. Reported as Indian Oil Corporation Limited v. Excise and Taxation Officer-cum-Assessing Authority [1998] 114 STC 282 (P H) For the reasons stated in Indian Oil Corporation's case [2000] 117 STC 333 (P H), we answer the question against the Revenue and in favour of the assessee while holding that no sales tax is exigible on the amount of refund ..... X X X X Extracts X X X X X X X X Extracts X X X X
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