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2015 (6) TMI 80 - GAUHATI HIGH COURTReview order - Determination of sale price - "First sale" - Assam Board of Revenue originally held that in view of the explanation 1 of section 8(1) of the Assam General Sales Tax Act 1993 the sale made by the petitioner cannot be construed as a first sale made by the petitioner to its dealers and is not taxable - Held that:- Quantity of goods sold to the petitioner by the IOC accounts for only 4.5 per cent of its total production, therefore the said quantity cannot be considered as a “a substantial part of the goods manufactured”. When that condition does not apply despite the fact that the sale price collected by the petitioner from its dealers being in excess of the 40 per cent of the purchase price the question of levy of tax does not arise, since one of the requisite conditions viz. “the sale of a substantial part of the goods manufactured” is not fulfilled. Unless both the conditions are fulfilled the question of levy does not arise. In that view of the matter the view taken by the Assam Board of Revenue in review is untenable. - Decided in favour of assessee.
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