TMI Blog1966 (7) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner and if it is so liable to be assessed he should get exemption for the payment of tax to the extent to which tax has been paid on the same turnover by those who are said to be commission agents, effecting the sale on commission basis. 2.. The facts are these: The petitioner claimed that he had been effecting sales through commission agents. A number of affidavits from such alleged com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Commissioner took in this matter, the Tribunal proceeded on the basis that even if tax has been paid on the same turnover, the appellant could again be taxed and made liable to pay tax. That the tax is imposed on the sale and only on the sale to the ultimate consumer is accepted, and it is so clearly stated in the Tribunal's order. To use the words of the Tribunal, "the turnover taxed and in dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts had been assessed on the same turnover there cannot be a second assessment on the same turnover. These questions have not been investigated mainly because of the assumptions made by the Tribunal that the question of any assessment on the alleged commission agents or the payments by them of the tax in regard to the same transactions are immaterial or irrelevant. We do not think so. 6.. Though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xemption by virtue of the provisions of section 9. Assuming the provision of section 9 has not been satisfied, the agent himself may be liable to pay the tax and if the tax has been paid by the agent, the question is whether the principal can again be made liable for the same tax. The answer must be that he cannot be. 8.. In the light of the above, we set aside the order of the Tribunal and dire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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