Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2013 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (6) TMI 260 - HC - VAT and Sales TaxReassessment - sanction granted to reopen the assessments by the Additional Commissioner - held that:- Apex Court has clearly laid down in the case of TVL K.A.K. Anwar and Company (1997 (11) TMI 489 - SUPREME COURT OF INDIA) that the decision rendered by it in the case of Telangana Steel Industries (1994 (3) TMI 108 - SUPREME COURT OF INDIA) cannot be treated as a binding precedent for the simple reason that the said decision was delivered without taking into account the earlier binding precedent of larger bench in the case of Hajee Abdul Shakoor (1964 (5) TMI 40 - SUPREME COURT OF INDIA). In TVL K.A.K. Anwar and Company (1997 (11) TMI 489 - SUPREME COURT OF INDIA) the Apex Court has laid down clearly that 'raw hides and skins' and 'dressed hides and skins' both are different commodities. It has also been laid down that merely because in an Entry the separate items are mentioned, they cannot be treated as one. Reliance was placed upon its earlier judgment in the case of State of Tamil Nadu Vs. Pyare Lal Malhrotra [1976 (1) TMI 151 - SUPREME COURT OF INDIA] that sales tax law is intended to tax sales of different commercial commodities and not to tax the production or the manufacture of particular substances out of which these commodities may have been made. As soon as separate commercial commodities emerge or come into existence, they become separately taxable goods or entities for purposes of sales tax. With regard to the second point, the learned standing counsel submits that, as a matter of fact, the assessing authority while framing the assessment order failed to examine the relevant issue and preferred to follow the judgment of the Apex Court in the case of Telangana Steel Industries (1994 (3) TMI 108 - SUPREME COURT OF INDIA). The said approach of the assessing authority is clearly erroneous in view of two authoritative pronouncements of the Apex Court of the larger bench referred to above. - We are leaving this question open to be considered if so raised by the authority concerned in the reassessment proceedings. - Decided against the assessee.
|