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2009 (2) TMI 790 - KERALA HIGH COURTNo Purchase tax under section 5A on the turnover of bullion purchased from non-resident Indians as decided by Tribunal - Held that:- Allow the tax revision cases by setting aside the order of the Tribunal and remand the matter to the assessing officer for giving opportunity to the respondent to produce purchase vouchers or sale bills pertaining to purchase of bullion from non-residents containing the names and addresses and proof of sellers' identity for the assessing officer to conduct enquiry and to exclude so much of the purchases from nonresidents who were liable to pay tax under section 5(1) of the Act. We make it clear that merely because sellers who are liable under section 5(1) are not assessed or cannot be assessed on account of limitation is not a ground for fastening liability on the respondent under section 5A. The respondent is given two months' time from the date of receipt of a copy of this judgment for furnishing particulars, and records before the assessing officer. However, if no proof is produced within the period granted above, towards proof of purchase with names and addresses of the non-residents then the assessment made under section 5A will stand confirmed.
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