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1978 Supreme(Online)(MP) 1

MADHYA PRADESH HIGH COURT
, J, , CJ
Sukhu Ram Tamrakar (M/s.) v. State of MP


Advocates:
For the Appellants/Petitioners: Shri Agrawal
For the Respondents:Advocate General

Table of Content
1. question on classification of color powders. (Para 1 , 2)
2. facts surrounding the sale of color powders. (Para 3 , 4 , 5)
3. arguments on the definition of 'dyes'. (Para 6 , 7 , 8)
4. court's observations on common parlance interpretation. (Para 9 , 10 , 11)
5. application of ejusdem generis. (Para 12 , 13 , 14 , 15 , 16)
6. final verdict confirming color powders as 'dyes'. (Para 17 , 18)

1.The question referred to this Bench for answer is as below :
"Whether colour-powders fall within Entry No. 25 of Sch II, Part II of the M. P. General Sales Tax Act, 1968 ?"

2. The occasion for the reference arose, because of certain observation made by a Division Bench of this Court in paragraph 15 of its decision in the case of N. Ganubhai v. Commissioner of Sales Tax, M. P. 1975 MPLJ 673 : (1976 Tax LR 1249), wherein it was observed that the word "dyes" should be understood as denoting that type of materials which are more or less similar to the other goods described in the said entry.

3. The facts relevant for the purpose of properly appreciating the respective contentions raised on behalf of the assessee and the department are that the petitioner is a kirana shop-keeper (grocer).






















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