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1981 Supreme(Ker) 129

P.SUBRAMONIAN POTI, GEORGE VADAKKEL
P. C. JOSEPH & SONS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The revision petitioner is a firm of timber dealers. They purchase logs of timber and sell timber as well as sawn timber and scantling. For the year 1974-75 they were assessed to tax on the turnover. Prior to assessment a dispute arose in regard to two items. Logs of timber purchased by the assessee were being sawn in the premises of the seller since there is a saw mill also there and according to the assessee, besides the value of the timber sawing charges are also paid. The assessee purchases logs and sells such logs to customers some of whom may require the service of sawing. Whether the turnover of timber must include such sawing charges also was the main question. Such charges, as seen from the bills, came to a sum of Rs 33, 529.80. The assessing authority issued a pre-assessment notice proposing to tax sawing charges shown in the bill also as part of the turnover. The other claim concerned the purchase tax leviable on the purchases of timber by the assessee, corresponding to sales of scantlings and sawn timber. The logs used for that purpose would be treated as consumed and therefore in respect of purchases of logs tax under S.SA would be leviable. There is a d














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