Book contents
- Frontmatter
- Preface
- Contents
- A Note to the Student
- Notes to the Teacher
- 1 Nature of Law
- 2 Crimes and Civil Wrongs
- 3 Command of Language in the Profession of the Law
- 4 Plain Language and the Law
- 5 The Indian Constitution
- 6 The Impact of Technology on the Practice of Law
- 7 The International Court of Justice
- 8 Application of Precedents
- 9 Statutory Interpretation
- 10 Legal Reasoning
- 11 Plaints and Writs
- 12 Judgment
- 13 Of Defamation
- 14 Consumer Protection (Amendment) Act, 1993
- 15 The Information Technology Act, 2000
- 16 Universal Declaration of Human Rights
- Answer Key
12 - Judgment
Published online by Cambridge University Press: 26 October 2011
- Frontmatter
- Preface
- Contents
- A Note to the Student
- Notes to the Teacher
- 1 Nature of Law
- 2 Crimes and Civil Wrongs
- 3 Command of Language in the Profession of the Law
- 4 Plain Language and the Law
- 5 The Indian Constitution
- 6 The Impact of Technology on the Practice of Law
- 7 The International Court of Justice
- 8 Application of Precedents
- 9 Statutory Interpretation
- 10 Legal Reasoning
- 11 Plaints and Writs
- 12 Judgment
- 13 Of Defamation
- 14 Consumer Protection (Amendment) Act, 1993
- 15 The Information Technology Act, 2000
- 16 Universal Declaration of Human Rights
- Answer Key
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.
- Type
- Chapter
- Information
- English for Law , pp. 386 - 421Publisher: Foundation BooksPrint publication year: 2005