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1964 Supreme(SC) 32

K. C. DAS GUPTA, P. B. GAJENDRAGADKAR, K. N. WANCHOO, J. C. SHAH, N. RAJAGOPALA AYYANGAR
Thansingh Nathmal: Onkarmal Jawalaprasad: Indrachand Premsuch: Ramdeo Satyanarayan: Indrachand Premsuch: Shewpratap Tantia – Appellant
Versus
Superintendent Of Taxes – Respondent


Advocates:
M.C.SETALVAD, NAUNIT LAL, P.K.Kapila, Sohan Shroff, SUKUMAR GHOSH

J.C.SHAH, J.

(1) THESE appeals have been filed with certificates granted by the High court of Assam under Art. 132 of the Constitution against orders passed in certain petitions filed by the appellants praying for writs of certiorari or other appropriate writs quashing orders relating to assessment of sales-tax, and prohibiting the Superintendent of Taxes, Dhubri and other officers from taking action in enforcement of the said orders. The appeals raise common questions and may be disposed of by a common judgment.

(2) THE appellants are merchants carrying on business as dealers in jute, and have their principal place of business at Calcutta. The appellants have a branch office at Dhubri in the State of Assam and are registered dealers under the Assam Sales Tax Act, 1947 (17 of 1947). The appellants purchased jute at Dhubri and other places in the State of Assam and despatched bales of jute to diverse factories ,outside the Province of Assam. The appellants submitted returns of turnover for purposes of sales-tax before the Superintendent of Taxes, Dhubri, under the Assam Sales Tax Act in respect of transactions of sale during the period between March 1948 to March 1950.












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