1996 (11) TMI 404

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... him), for the appellant.   S. Hegde, Senior Advocates (Dilip Sinha, J.R. Das and Dayan Kishan, Advocates, for M/s. Sinha and Das, Advocates, with him), for the respondents.   --------------------------------------------------   ORDER   Leave granted. The appellant, M/s. Bani Polymers, is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941 and the West Bengal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... unal by the impugned judgment dated 24th July, 1990 (see Bani Polymers v. Commercial Tax Officer [1991] 80 STC 181) has rejected that petition. Hence this appeal by special leave. 3.. The only question for decision is about the meaning of the word "investment" in rule 3(66), the relevant part of which is as under: "(i) with an investment up to rupees twenty lakhs on plant and machinery, excludin .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... counsel for the respondents contended that the figure does not appear to be real in view of the fact that the transaction of purchase of the leased machinery was with a sister concern. Apart from this bald assertion, there is no material produced by the respondents at any stage to support their claim that the price is not the real price. Moreover, the margin between the total amount of investment .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X