Judgement

SUBBA RAO, J.: This appeal on a certificate granted by the High Court of Calcutta raises the question of the interpretation of S.5(2)(a)(ii) of the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941), hereinafter called the Act.

2. The material facts are as follows: The appellant is a public limited company registered as a dealer under the Act, having its registered place of business at Calcutta. In respect of the accounting year ending with 31st December, 1954, in the return for the year the assessee had shown its gross turnover at Rs.70,99,928-10-0 and claimed exemption under two heads, namely, (i) under S.5(2)(a)(i) of the Act Rs. 1,33,730-6-6; and (ii) under S. 5(2)(a)(ii) thereof Rs. 69,65,979-9-6. After deducting the said amounts from the gross turnover the assessee showed its taxable turnover at Rs. 218-9-0 and deposited the tax of Rs. 9-12-6 on the said amount in the treasury. The Commercial Tax Officer by notice dated April 22, 1955, fixed August 4, 1955, for hearing the assessee in respect of its return. Under S. 5 (2) (a) (ii), the appellant in order to claim exemption thereunder had to furnish declaration forms duly filled in and signed by registered de