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1980 Supreme(Mad) 366

M.M.ISMAIL, M.A.SATHAR SAYEED
State of Tamil Nadu – Appellant
Versus
Subbaraj and Company (And Others Cases) – Respondent


Advocates Appeared:K. S. Bakthavatsalam, C. Natarajan, Advocates.

Judgment :-

ISMAIL, C.J.

All these three cases raise the question relating to liability to tax under section 7-A of the Tamil Nadu General Sales Tax Act, 1959

Section 7-A of the Tamil Nadu General Sales Tax Act, 1959, hereinafter referred to as the Act, reads as follows :

"Levy of purchase tax. - (1) Every dealer who in the course of his business purchases from a registered dealer or from any other person, any goods (the sale or purchase of which is liable to tax under this Act) in circumstances in which no tax is payable under section 3, 4 or 5, as the case may be, and either,(a) consumes such goods in the manufacture of other goods for sale or otherwise; or

(b) disposes of such goods in any manner other than by way of sale in the State; or

(c) dispatches them to a place outside the State except as a direct result of sale or purchase in the course of inter-State trade or commerce,

shall pay tax on the turnover relating to the purchase aforesaid at the rate mentioned in section 3, 4 or 5, as the case may be, whatever be the quantum of such turnover in a year :

Provided that a dealer (other than a casual trader or agent of a non-resident dealer) purchasing goods [the sale of which is liabl




















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