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1967 Supreme(SC) 230

V. RAMASWAMI, R. S. BACHAWAT, K. S. HEGDE, G. K. MITTER, K. N. WANCHOO
State Of Punjab – Appellant
Versus
Sansari Mal Puran Chand – Respondent


Advocates:
Anil Kumar, R.Ganapathy Iyer, R.H.Dhebar, R.K.GARG, R.N.SACH, S.C.AGRAWAL, SHIV PUJAN SINGH

Judgement

BACHAWAT, J. :- The respondents are dealers assessable to sales-tax under the East Punjab General Sales-tax Act, 1948. In their return for the assessment years 1935-56, 1956-57 and l957-58 they claimed exemption from tax in respect of sales of edible oils. It is common case before us that this exemption was claimed in respect of sales of edible oil produced in ghanis run by mechanical process. By his orders dated March 3, 1959, April 9, 1959 and July 17, 1959. the Assessing Authority, Jullundur held that exemption from tax was not allowable under item No. 57 of the schedule of tax-free goods as substituted by the Punjab Government Notification No. 3483-E and T-54/723(CH) dated August 5, 1954. The appeals from these orders were dismissed by the Deputy Excise and Taxation Commissioner. Jullundur Division by his orders dated August 3, 1959 and February 16, 1960. Bevision Petitions from these orders were dismissed by the Excise and Taxation Commissioner. Punjab by his orders dated November 24, 1961. Revision Petitions from the last orders were dismissed by the Financial Commissioner, Revenue, Punjab by his orders dated April 27, 1962. On the application of the respondents, the










































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