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2015 Supreme(SC) 466

H. L. DATTU, SUDHANSU JYOTI MUKHOPADHAYA, ARUN MISHRA
Commissioner of Commercial Taxes – Appellant
Versus
Desai Beedi Company – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P. Venkat Reddy, Sumanth Nookala, Advs. and Venkat Palwai Law Associates
For Respondents/Defendant: A.V. Rangam, A. Subhashini and D.V. Raghuvamsy, Advs.

Order

1. These appeals are directed against the judgment and order passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Special Appeal No. 27 of 1996, dated 20.01.2005. By the impugned judgment and order, the High Court has come to the conclusion that since the transactions in question are inter-State sales, the Respondent-dealer would not be exigible to tax for the assessment year 1989-1990 under the Andhra Pradesh General Sales Tax Act, 1957 (for short, "the Act").

2. Briefly stated, facts in the instant case are: The Respondent-Assessee is a registered dealer under the Act and under the Central Sales Tax Act, 1956 (for short, "the CST Act") with effect from 21.02.1989. The Assessee is engaged in the manufacture of 'Beedi' and has its factory and head office at Sholapur in the State of Maharashtra. It operates in the State of Andhra Pradesh through its registered branch office at Sirsilla Road, Kamareddy town, Nizamabad District, Andhra Pradesh.

3. The Assessee is the branch office of the Respondent-Company. The Assessee had purchased 'Beedi' leaves, for Rs. 1,07,51,740/- and Rs. 1,01,35,636/- for the assessment years 1989-1990 and 1992-1993 respectively, by partic












































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