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1968 (1) TMI 47

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..... the assessee. The questions of law which have been referred to us for our opinion are: (i) Whether, in the facts and circumstances of the case, the rejection of the account books of the applicant was justified and the enhancement of the turnover disclosed by his account books to Rs. 87,000 from Rs. 85,633.03 for the period 12th November, 1958, to 31st March, 1959, and to Rs. 92,000 from Rs. 90, .....

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..... .03 to Rs. 87,000 and for the rest of the period assessed under section 18(5) of the M.P. General Sales Tax Act, 1958, the turnover was enhanced from Rs. 90,017.05 to Rs. 92,000. For these periods, the regularly maintained account books of the assessee were not accepted because the sales of timber in cubic feet appeared to be somewhat more than the quantity extracted and the account of ballis was .....

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..... Madhya PradeshMisc. Civil Case No. 87 of 1964, decided on 23rd January, 1968. There too the questions related to rejection of regularly maintained account books and enhancement of the turnover. In this case, the enhancement is slight because the sales in cubic feet were somewhat in excess of the quantity extracted. We would answer, as we did in the cases referred to by us, the first question in t .....

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..... he original form did not alter their basic character as timber and, therefore, purchase tax could not be levied under section 8(1) of the Act. 5.. We answer the two questions referred to us in the manner indicated above and direct that, in the circumstances of the case, the parties shall bear their own costs of this reference. Reference answered accordingly. - - TaxTMI - TMITax - CST, VA .....

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