Just a moment...

Report
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

1974 (7) TMI 106

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng the order of assessment made for the year 1967-68 (1st April, 1967, to 31st March, 1968). The dealer is a firm carrying on business in jewellery, and especially jewellery set with diamonds and other precious stones. The Commercial Tax Officer held that the transactions carried on by the dealer were sales of diamonds and other precious stones and gold and not sales of finished jewellery as suc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tant case. In the course of his order he made reference to a few of the bills and orders that had been placed before him. He accordingly confirmed the assessment as had been made by the Commercial Tax Officer. On a further appeal to the Tribunal, the dealer put forth the same contention but the Tribunal agreed with the reasoning of the taxing authorities and dismissed the appeal. Sri K. Srinivasan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd that the mere fact that the bills gave the prices or charges for the component parts would not be determinative of the question. The orders that have been reproduced by the Tribunal really mention finished products for being supplied. It is only the bills that give the particulars of the precious stones or gold and the labour charges. In the light of the ruling of the Supreme Court, it is clea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Sales Tax[1966] 17 S.T.C. 576 (S.C.). There is another decision of the Supreme Court reported in Government of Madras v. Simpson & Company Ltd.[1968] 21 S.T.C. 21 (S.C.)., which also enunciates the principles to be borne in mind in determining whether a transaction is a works contract or a sale of finished article or of components forming it. The Tribunal has to determine the point in dispute h....