B.L.HANSARIA, K.LAHIRI, R.K.MANISANA SINGH
Nalini Ranjan Sirkar – Appellant
Versus
Superintendent of Taxes, Dibrugarh & Ors. – Respondent
We propose to dispose of the writ petitions by a common order as they involve common questions of law and fact.
2. THE CORE QUESTION IN THE WRIT PETITIONS :
"Whether egg, live poultry and dressed poultry are 'meat' within the meaning of Item 11 of Schedule III to the Assam Sates Tax Act, 1947, as amended.”
3. THE RELEVANT FACTS NECESSARY FOR DISPOSAL OF THE PETITIONS :
At all relevant time the petitioner was a 'registered dealer' under the Assam Sales Tax Act, 1947, for short 'the Act' and registered Army Contractor for supply of food stuff to the armed forces in the region on contract basis. The contracts in question Averse for supply of "food stuff" including potato, fish, vegetable eggs and poultry. The Superintendent of Taxes assessed fifed petitioner to sales tax on poultry and eggs for the period ending 31.3 1967, 30.9.67 and 31.3.1968 by his orders dated 15.9.67, 21.2.68 an 18.8.69 respectively. In all the cases the petitioner had claimed that poultry, live or dressed and eggs were exempt from the sales tax under Item 11 of Schedule III to "the Act". The contention raised was turned down by the Superintendent in all the cases. On appeal the Commissioner of Taxes
P. A. Thillai Chidambara v. Addl. A. A. C. Madurai
Chiranjit Lal v. State of Assam. AIR 1985 SC 1387.
Delhi Cloth and General Mills Co. Ltd. v. State of Rajasthan (1980) 46 STC 256.
Porrits and Spencer (Asia) Ltd. v. State of Haryana
State of West Bengal v. Wasi Ahmed. AIR 1977 SC 1638 - 39 STC 378.
Daffadar Bhagat Singh & Sons v. Joint E&T Commissioner (1976) 37 STC 527 - AIR 1976 SC 2544.
Avadh Sugar Mills v. S. T. Officer, Sitapur
Mangalu Sahu Ram Hari Sahu v. The Sales Tax Officer
Alok Chandra Mitrav. State of West Bengal (1973) 31 STC 474 (Calcutta).
I. T. Commissioner v. Tajmahal Hotel
India Carbon Ltd. v. Suptd. of Taxes
S. T. Commissioner, U. P. v. Ladha Singh
Sarin Chemical Laboratory v. Commissioner of Sales Tax (1970) 26 STC 339 - AIR 1971 SC 65.
Commissioner of Sales Tax v. Jaswant Singh Charan Singh (1967) 19 STC 469.
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