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2021 Supreme(SC) 261

A. M. KHANWILKAR, DINESH MAHESHWARI
Vellanki Frame Works – Appellant
Versus
Commercial Tax Officer, Visakhapatnam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Charanya Lakshmikumaran, Advocate, Mr. Aditya Bhattacharya, Advocate, Ms. Apeksha Mehta, Advocate, Ms. Mounica Kasturi, Advocate
For the Respondent:Mr. G. N. Reddy, Advocate

JUDGMENT :

Preliminary and brief outline

1. These appeals by special leave are directed against the common judgment and order dated 18.12.2014 in Writ Petition Nos. 2552 of 2013 and 6258 of 2013 whereby, the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh[Hereinafter referred to as 'the High Court'] upheld the assessment orders dated 20.01.2010 and 18.05.2010 passed by the Commercial Tax Officer, Chinawaltair Circle[Hereinafter referred to as 'the CTO'.] and held that the transactions in question were not the sales in the course of import but had been inter-State sales, liable to Central Sales Tax; and denied the exemption claimed under Section 5(2) of the Central Sales Tax Act, 1956[Hereinafter referred to as 'the CST Act'.] while granting time to the appellant to produce the prescribed C-Forms to the assessing authority for availing the benefit of concessional rate of tax.

2. We may usefully observe at the outset that, in all, seven transactions of similar nature form the subject matter of these appeals; one relating to the assessment for the year 2005-06 and others relating to the assessment for the year 2006-07. The common salient f

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