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1965 Supreme(P&H) 23

P.D.SHARMA
International Cotton (Waste) Corporation – Appellant
Versus
Assessing Authority – Respondent


Judgment

1. The facts giving rise to the present civil writ petition under Article 226 of the Constitution of India are as follows:-

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Messrs International Cotton (Waste) Corporation is a partnership-firm (hereinafter referred to as the firm) with its head office at Bombay and branch office at Bhatinda. Their main business is to buy cotton and cotton waste and to export the same outside India. The main area of their operation is in the Punjab and Rajasthan. The firm got registered under the provisions of the Punjab General Sales Tax Act, 1948 (hereinafter referred to as the Act) at Bhatinda. The registration number is BAT. III. 6000. The assessment for the year commencing from 7th December, 1961, and ending on 31st March, 1962, came up for consideration before the Assessing Authority, Bhatinda. The petitioner-firm claimed before the Assessing Authority that during the above period cotton had been purchased for about four lacs for the purpose of export from India to other countries and also furnished evidence in support of this contention, They prayed that the amount spent on the purchase of cotton might be deducted from their gross turnover under Section 5(2)(a)(vi) of the Act but t








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