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Tilok Chand Prasan Kumar vs The Sales Tax Officer on 8 January, 1969

Dealer (non-petitioner No. 1) has purchased gowar as raw material and therefore has not paid any sales tax at the time of purchase. As soon as from gowar gum is manufactured then, under the Schedule, it is liable to payment of tax. As gowar churi can be used for no other purpose except as cattle feed, the Board was justified in holding that entry 9, while excluding gowar, does not include gowar churi. Learned counsel for the assessing authority has invited our attention to Tilok Chand Prasan Kumar v. Sales Tax Officer [1970] 25 STC 118, wherein the question arose whether "arhar dal purchased by dal mills converted into broken pieces" is the same commodity or not. It was held that the dal purchased by the petitioner could not be said to be a commodity essentially different from (sic) by the petitioner in that case, could not be regarded as the first purchase and the petitioner was, therefore, not liable to the levy of purchase tax under Section 3-D(1) of the U.P. Sales Tax Act, 1948 (No. 15 of 1948), on the turnover of such purchase. The case has been decided on its own facts and in view of Section 3-D(1) of the U.P. Sales Tax Act, 1948.
Allahabad High Court Cites 5 - Cited by 12 - R S Pathak - Full Document
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