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2015 Supreme(Bom) 288

S.C.DHARMADHIKARI, SUNIL P.DESHMUKH
Jitendra R. Gandhi – Appellant
Versus
Commissioner of Sales Tax, Maharashtra State – Respondent


Advocate Appeared:
For the Applicant:P.V. Surte a/w. S.P. Surte i/b. P.V. Surte & Co., Advocates.
For the Respondent: V.A. Sonpal, Special Counsel.

Judgment

Sunil P. Deshmukh, J.

1. The questions which have been referred to pursuant to provisions of Section 61 of the Bombay Sales Tax, 1959 are as under:

(i) Whether on the facts and circumstances of the case and on a true and correct interpretation of the provisions contained in Sections 57 and 55 of the Bombay Sales Tax Act, 1959, the Tribunal was legally justified in holding that the Administrative Asstt. Commissioner was legally justified in assuming the revisional jurisdiction under section 57, despite the appeals against the very assessment orders being pending under section 55 before the Appellate Asstt. Commissioner who was his co-ordinate authority?

(ii) Whether on the facts and in the circumstances of the case and on a true and correct interpretation of the provisions contained in the 1979 Scheme of Incentives and the Notification Entry 136 under section 41 of the Bombay Sales Tax Act, 1959, the Tribunal was legally justified in holding that the appellant was not entitled to the exemption benefits in the context of manufacture of brass sheets for the reason of the brass sheets being not specifically mentioned in the class of manufactured goods as specified in the eligibili




























































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