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1980 Supreme(Online)(Mad) 3

MADRAS HIGH COURT
A, J
State v. Subbaraj and Co.


Advocates:
For the Appellants/Petitioners:Advocate X
For the Respondents:Advocate Y

Table of Content
1. tax liability arises from the consumption of purchased goods in manufacturing. (Para 1 , 2 , 3)
2. prior case law establishes criteria for consumption in tax liability. (Para 4 , 5 , 6)
3. goods not consumed in their identity are exempt from tax. (Para 12)
4. tribunal's conclusion upheld; all petitions dismissed. (Para 13 , 14)

1. All these three cases raise the question relating to liability to tax under S.7 - A of the Tamil Nadu General Sales Tax Act, 1959 . In these cases, the dealer buys raw bones. The raw bones are converted into crushed bones. The process is done through breaking the bones in a disintegrator. In the process of breaking the bones into pieces of 3/8" and 5/8" bones, bone grist, bone - meal, fluff horns and hoof are obtained. Roughly 50 per cent of raw bone is obtained as crushed bone; 15 per cent of raw bone is obtained as bone grist; about 15 per cent is obtained as bone - meal; about 10 per cent is obtained as fluff; about 5 per cent is obtained as horn hoof. The rest becomes waste. The dealers in T.C. No. 337 of 1979 exported crushed bone, but all the three dealers sold bone - meal, bone grist, fluff and horn hoof locally. As far as export is






























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