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1961 Supreme(SC) 105

T.L.VENKATARAMA AYYAR, J.L.KAPUR, S.K.DAS, M.HIDAYATULLAH, J.C.SHAH
Nand Lal Raj Kishan – Appellant
Versus
Commissioner Of Sales Tax, Delhi – Respondent


Advocates:
BHAVANI LAL, C.K.DAFTARY, P.C.AGRAWAL, R.Ganapathy Iyer, T.M.SEN

S.K.DAS, J.

(1) THIS is a writ petition under Art. 32 of the Constitution. The petitioners, Messrs. Nand Lal Raj Kishan, carry on a business of commission agents at Delhi and are liable to pay sales tax in respect of their business under the provisions of the Bengal Finance (Sales Tax) Act, 1941, as in force in Delhi. They filed returns for four quarters of 1954-55 and claimed exemption in respect of sales of certain goods to the registered dealers under the provisions of s. 5(2)(a)(ii) of the said Act. By his order dated April 11, 1956, the Sales Tax Officer disallowed the exemption claimed by the petitioners mainly on the ground that the alleged sales were made to "those registered dealers whose activities had gone under-ground." The Sales Tax Officer issued a demand notice for a sum of Rs. 1,11,890-11-0 on account of sales tax. The petitioners then carried an appeal to the Assistant Commissioner of Sales Tax, Delhi. The Assistant Commissioner set aside the order of the Sales Tax Officer and remanded the case for a fresh decision in the light of certain judgments given by the Chief Commissioner, Delhi, in a number of similar cases. In the meantime, the Benga











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