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1964 Supreme(SC) 128

K.SUBBA RAO, J.C.SHAH, S.M.SIKRI
State of A. P. – Appellant
Versus
H. Abdul Bakhi And Bros – Respondent


Advocates:
A.RANGANADHAM CHETTY, B.R.G.K.Achar, R.N.SACH

Judgment

SHAH, J.:

The respondents who are registered as dealers under the Hyderabad General Sales Tax Act, 1950 carry on the business of tanning hides and skins and of selling the tanned skins in the town of Hydarabad. For the purposes of their business the respondents purchase undressed hides and skins and also tanning bark and other materials required in their tannery. For the assessment year 1954-55 the Sales-tax Officer, Circle lV, Hyderabad, found that the total turnover of the respondents was Rs, 5,70,417l2-4 (O.S.) in respect of the hides, skins, wool and tanning bark. The respondents disputed their liability to pay tax on Rs.61,431-14-9 (O.S.) included in the turnover contending that this amount represented the price paid for buying tanning bark required in their tannery.T hey submitted that tanning bark was bought for consumption in the tannery and not for sale, and they were accordingly not dealers in tanning bark and therefore the price paid for buying tanning bark was not liable to duty under the Hyderabad General Sales Tax Act. The Sales-tax Officer rejected the contention of the respondents, and his order was confirmed in appeal by the Deputy Commissioner, C. T. Hydera















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