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1956 Supreme(AP) 35

K.SUBBA RAO, VISWANATHA SASTRY, JAGMOHAN REDDY
S. R. V. G. PRESS CO. KURNOOL – Appellant
Versus
COMMISSIONER OF EXCESS PROFITS TAX, HYDERABAD AND ANDHRA, HYDERABAD – Respondent


VISWANATHA SASTRY, J.

( 1 ) THE question referred for decision is as follows : "whether there are materials. for the Tribunal to hold that the aforesaid sales tax payments of Rs. 30,221/- were unreasonable and unnecessary having due regard to the requirements of the business and not consequently deductible under Rule 12 of Schedule 1 of the Excess Profits Act?" the assessee is a registered firm carrying on business in the manufacture and sale of groundnut oil. The groundnuts and kernels are bought and crushed into oil and the oil is then sold. The assessee was assessed to sales-tax on the purchase of groundnuts and kernel used for the manufacture of oil and also on the sales of oil. The assessee is entitled to a rebate of the sales tax paid on groundnuts and kernel purchased and used for the manufacture of oil on furnishing the necessary particulars to the assessing authority. The assessee adopted a system of paying sales-tax provisionally, calculated on the turnover of the previous accounting year and having the liability adjusted at the end of the accounting year on the basis of the actual turnover in the accounting year and after taking into account the rebate allowable on the v






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