TMI Blog1974 (5) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... In respect of the periods ending Deepavali 1965, Deepavali 1966 and Deepavali 1967, he was assessed to tax under the Central Sales Tax Act. While doing so the turnover in respect of cotton was exempted by the sales tax authorities from payment of sales tax having regard to section 9 of the Central Sales Tax Act as it stood then and in view of the decision of the Supreme Court in Yaddalam Lakshmin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in respect of the three assessment years ending Deepavali 1965 to 1967 and ultimately held that the petitioner was liable to pay Central sales tax in respect of its turnover in cotton. Aggrieved by the said orders the petitioner has filed the above three petitions. 2.. Sri K. Srinivasan, the learned counsel for the petitioner, contended, relying upon the decision of the Division Bench in Spenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addition to the price and the seller's account books should disclose such amounts separately. Where there is absence of such evidence, it cannot be said that amounts were collected by the dealer in the character of or as being tax. Therefore, in our judgment, a dealer can be said to have collected the amounts by way of tax under the Act where, from the facts and circumstances, it can be inferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould still bring the turnover in question within the protection of section 10(1) of the amending Act, 1969. In this case there is no evidence to show that the dealer had shown the amounts which he had collected by way of tax separately in his account books. Hence, in view of the observation made in Spencer Co. Ltd. case[1970] 26 S.T.C. 283. , these petitions should be allowed. The orders passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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