High CourtsDivision Bench(1981) 01 MAD CK 0021

Deputy Commissioner of Commercial Taxes, Tiruchirapalli vs Sri Venkateswaran Dyeing Factory

Madras High Court · Decided on 21 January 1981 · Citation: (1983) 54 STC 120

HON’BLE JUDGES
M.M. Ismail, C.J · Sethuraman, J
CASE NUMBER
T.C. No. 858 of 1980 (Revision No. 514 of 1980)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 182 words

Ismail, C.J.—The matter relates to reassessment u/s 16 of the Tamil Nadu General Sales Tax Act, 1959. There is no dispute that the

respondent had purchased yarn from master weavers who in turn have purchased from co-operative societies which in turn had purchased from

the spinning mills. It is in that context the Tribunal observed that when the yarn has been traced to production from the spinning mills in the State

and had been sold to co-operative societies in the State, it is difficult to hold that there were no earlier taxable sales in the State and that the

respondent herein who had come into possession of the goods after two or three stages had become the first seller in the State, and that there was

no sufficient material for the assessing officer to make the assessment u/s 16 in respect of an escaped turnover. By making these observations and

reaching this conclusion, the Tribunal cannot be said to have committed any error of law so as to entitle this Court to interfere in revision. The tax

revision case is therefore dismissed.