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2012 Supreme(Gau) 1246

A.K.GOEL, N.KOTISWAR SINGH
Bhola Ram Kanoo – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Plaintiff:Dr. A.K. Saraf, Senior Advocate, S.K. Agarwal and D. Barua
For Respondents/Defendant:Government Advocate

JUDGMENT

N. Kotiswar Singh, J.

1. The common issue raised in this batch of writ petitions filed by the same petitioner, W.P. (C) No. 1794 of 2004, W.P. (C) No. 2225 of 2005, W.P. (C) No. 2226 of 2005 and W.P. (C) No. 2227 of 2005, is whether, "raab gur" is to be exempted from payment of tax under the Assam General Sales Tax Act, 1993 (hereinafter referred to as "the Act") by treating the same as "gur" which is exempted from tax under entry 17 of Schedule I of the Act or by treating the same as a "cattle feed" which is also exempted from tax under entry 50 of the said Schedule. The petitioner in this batch of writ petitions is engaged in the business of sale and supply of gur, jaggery, raab gur, molasses, etc., in the State of Assam. The said items are brought from different States where they are manufactured and sold in the State of Assam. According to the petitioner, the authorities imposed the tax under the Act in spite of objections raised by the petitioner that "raab gur" is a form of "gur" which is not fit for human consumption and solely used as cattle feed which is exempted from tax under the Act. According to the petitioner, "raab gur" is nothing but another form of "gur". I





























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