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Deputy Commissioner of Commercial Taxes, Tiruchirapalli v/s Sri venkateswaran dyeing Factory

    T.C. No. 858 of 1980 (Revision No. 514 of 1980)
    Decided On, 21 January 1981
    At, High Court of Judicature at Madras
    By, THE HONOURABLE CHIEF JUSTICE MR. M M ISMAIL & THE HONOURABLE MR. JUSTICE SETHURAMAN
   


Judgment Text
ISMAIL, C.J.


The matter relates to reassessment under section 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 under section 16 in respect of an escaped turnover. By making these observations and reaching this conclusion, the Tribunal cannot be said to have committed any err

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or of law so as to entitle this Court to interfere in revision. The tax revision case is therefore dismissed.