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1967 Supreme(Mad) 157

VEERASWAMI, RAMAPRASADA RAO
Deputy Commissioner of Commercial Taxes, Coimbatore Division, Coimbatore – Appellant
Versus
Sri Thirumagal Mills Limited – Respondent


Advocates Appeared:K. Venkataswami, T. Vadivel, Advocates.

Judgment :-

VEERASWAMI, J.

The respondent, a limited liability company, is a spinning mill manufacturing cotton yarn. For the year 1960-61 the company was assessed on a turnover of Rs. 64, 89, 000 and odd of which the turnover now in dispute amounts to Rs. 1, 10, 025. That relates to what is called a fair price shop run by the assessee for the benefit of its employees. The assessee's objection to bring to tax this part of the turnover was overruled by the revenue. But the Tribunal considered that the assessee is not a dealer in respect of the turnover and will not be liable to tax in respect of it.

Section 2 of the Madras General Sales Tax Act, 1959, contains definitions. There is an inclusive definition of "business". It says that the expression includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture, whether or not any profit accrues from such trade, commerce, manufacture, adventure or concern. A dealer is defined in relation to the business he carries on by buying and selling among other things. "Turnover" for the purpose of the Act means the aggregate amount for which goods are bought or sold, or supplied or distribu




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