TMI Blog1971 (9) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... is that bidis are not exigible to sales tax and, as such, the assessment is contrary to law. Petitioner prays for issuing a writ of certiorari to quash the impugned assessment order and for issuing a writ of mandamus restraining the opposite party from realising the tax assessed. The learned standing counsel contends that hand-made bidis are liable to sales tax. 2.. Relevant law and the notifications thereunder may be noticed. 3.. Notification No. 33925 C.T.A. 130/57-F. (hereinafter to be referred to as 1957 notification) dated 30th December, 1957, runs thus: "In exercise of the powers conferred by section 6 of the Orissa Sales Tax Act, 1947 (Orissa Act 14 of 1947) as amended by the Orissa Sales Tax (Second Amendment) Act, 1957 (Oris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ember 1957, namely: AMENDMENT 1.. For the existing entry in column (2) against SI. No. 35 of the schedule to the said notification the following shall be substituted: 'Tobacco as defined in section 2(c) of the Additional Duties of Excise (Goods of Special Importance) Act, 1957.' This amendment shall take effect from the 1st July 1967." 5.. Section 2(c) of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (Central Act 58 of 1957), hereinafter to be referred to as 1957 Central Act, runs thus: "2. Definitions.-In this Act,- (c) the words and expressions 'sugar', 'tobacco', 'cotton fabrics', 'woollen fabrics' and 'rayon or artificial silk fabrics' shall have the meaning respectively assigned to them in items ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sive. It includes any form of tobacco whether cured or uncured and whether manufactured or not. 8.. Section 2(f) of the 1944 Central Act defines "manufacture". It runs thus: "2. Definitions.-In this Act, unless there is anything repugnant in the subject or context- (f) 'manufacture' includes any process incidental or ancillary to the completion of a manufactured product; and (i) in relation to tobacco includes the preparation of cigarettes, cigars, cheroots, biris, cigarette or pipe or hookah tobacco, chewing tobacco or snuff." Thus the definition of "tobacco" in item 4 of the First Schedule of the 1944 Central Act read with the definition of "manufacture" in section 2(f)(i) of that Act leaves absolutely no room for controversy th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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