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12 - Judgment

Published online by Cambridge University Press:  26 October 2011

M. A. Yadugiri
Affiliation:
Former Professor of English, Bangalore University
Geetha Bhasker
Affiliation:
Former Professor of English, Bangalore University
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Summary

The short question which arises for determination in this appeal is whether ‘dryer felts’ manufactured by the assessee fall within the category of ‘all varieties of cotton, woollen or silken textiles’ specified in Item 30 of Schedule ‘B’ of the Punjab General Sales Tax Act, 1948 (hereinafter referred to as the Act). If they are covered by this description, they would be exempt from sales tax imposed under the provisions of the Act; otherwise they would be liable to sales tax. The assessing authorities held that the ‘dryer felts’ manufactured by the assessee were not ‘textiles’ within the meaning of Item 30 of Schedule ‘B’ and they were, therefore, not exempt from sales tax. The Tribunal, on appeal, also took the same view and rejected the claim of the assessee to exemption from sales tax in respect of sales of ‘dryer felts’. The assessee thereupon moved the Tribunal for making a reference to the High Court and on this application, the following question of law was referred by the Tribunal for the opinion of the High Court:

Whether on the facts and circumstances of the case, the products manufactured by the petitioner are not covered by Item 30 of Schedule ‘B’ of the Punjab General Sales Tax Act, 1948, and therefore, not exempt from sales tax both under the Punjab General Sales Tax Act, 1948 and the Central Sales Tax Act, 1956.

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English for Law , pp. 386 - 421
Publisher: Foundation Books
Print publication year: 2005

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  • Judgment
  • M. A. Yadugiri, Former Professor of English, Bangalore University, Geetha Bhasker, Former Professor of English, Bangalore University
  • Book: English for Law
  • Online publication: 26 October 2011
  • Chapter DOI: https://doi.org/10.1017/UPO9788175968660.015
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  • Judgment
  • M. A. Yadugiri, Former Professor of English, Bangalore University, Geetha Bhasker, Former Professor of English, Bangalore University
  • Book: English for Law
  • Online publication: 26 October 2011
  • Chapter DOI: https://doi.org/10.1017/UPO9788175968660.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Judgment
  • M. A. Yadugiri, Former Professor of English, Bangalore University, Geetha Bhasker, Former Professor of English, Bangalore University
  • Book: English for Law
  • Online publication: 26 October 2011
  • Chapter DOI: https://doi.org/10.1017/UPO9788175968660.015
Available formats
×