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2015 Supreme(AP) 56

RAMESH RANGANATHAN, M.SATYANARAYANA MURTHY
K. G. F. Cottons (P) Ltd. Cotton Dealers, Bhainsa, Adilabad District Rep. , by its Managing Director Subhash Chandra Agarwal – Appellant
Versus
Assistant Commissioner (CT) LTU, O/o The Dy. Commissioner (CT) – Respondent


Advocate Appeared:
For the Petitioners:S.R.R. Viswanath, V. Bhaskar Reddy, Shaikh Jilani Basha, M.V.J.K. Kumar, Advocates.
For the Respondents: D. Srinivas, M. Govind Reddy, J. Anil Kumar, Learned Special Standing Counsel for Commercial Taxes.

Judgment

Ramesh Ranganathan, J.

1. In this batch of writ petitions, the validity of the assessment orders are put in issue on the ground that the assessing authority has levied purchase tax contrary to Section 4(4) of the A.P. VAT Act, 2005 (for short “the Act”) and Sections 14 and 15 of the Central Sales Tax Act, 1956 (“CST Act” for short). The petitioner-assessees are either (1) rice millers, or (2) dhal millers, or (3) soyabean oil millers, or (4) cotton millers. The first category of petitioners purchase paddy from agriculturists, mill it to produce rice, sell rice either to FCI or in the open market, and pay value added tax (VAT) on the said sales. The husk obtained, after milling rice, is either sold or consumed by the dealer. In such cases, the assessing authorities have levied 5% purchase tax on the purchase price of paddy which was used as input for “husk” which is exempt from tax under the first Schedule to the Act. The second category of petitioners purchased raw dhal from agriculturists, milled it to produce dhal, and paid value added tax (VAT) on the sale of finished (dehusked) dhal. The husk obtained, after milling dhal, is either sold or consumed by them. In these case










































































































































































































































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