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2011 (6) TMI 702 - HC - VAT and Sales TaxWhether the second sale of branded goods can be treated as deemed first sale only when first sale is not by the brand name holder, no matter the second sale also happens to be made by the owner of the very same brand name under which the goods are manufactured and marketed? Held that:- For the purpose of section 5(2) inter-dealer sales between the brand name holders should be ignored and the last sale by the brand name holder to the market should be treated as deemed first sale for levy of tax and assessment under section 5(2) of the Act. It is immaterial whether there is one sale or more than one sale among brand name holders within the group all of which should be ignored and the last sale by the brand name holder to the market is assessable as deemed first sale under section 5(2) of the Act. We, therefore, do not find any merit on this ground raised and consequently reject the petitioner's challenge against the assessment confirmed by the Tribunal. The petitioner is entitled to the relief by way of credit and set-off of tax to the extent the petitioner produces evidence regarding collection and remittance of tax by the first sellers, i.e., the manufacturers of the goods from the petitioner, which are also companies within the same group
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