HARBANS SINGH, JINDRA LAL
Janki Dass Bhagat Ram – Appellant
Versus
Excise And Taxation Officer – Respondent
Harbans Singh, J.
1. This writ filed by Messrs Janki Das Bhagat Ram challenges the order of assessment passed by the Assessing Authority under the Sales Tax Act and was referred to a Division Bench by me because of a number of law points that were raised in it.
2. The relevant facts necessary for the disposal of this writ may briefly be stated as under:-
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Under Sub-section (1) of Section 5 of the Punjab General Sales Tax Act, tax is levied on the "taxable turnover" at a particular rate mentioned therein. Under Sub-section (2) of this section "taxable turnover" means "that part of a dealers gross turnover during any period which remains after deducting therefrom" certain sales and purchases that are detailed under various clauses under that sub-section. "Gross turnover" means the "aggregate of the amounts of sales and purchases and parts of sales and purchases actually made by any dealer during the given period..." It may be mentioned here that according to Clause (ff) of Section 2, "purchase" for the purposes of the section means "the acquisition of goods specified in Schedule C" and "sale" means "any transfer of property in goods other than goods specified in Schedule C".
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