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1985 (1) TMI 304

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..... second sale of handmade matches. The assessing authority refused exemption on the ground that since the sale by the manufacturer alone had been exempted specifically by a Government Order, the sale by the assessee should be taken as the first taxable sale inside the State and therefore the turnover in question cannot be exempted. The said view of the assessing authority was not accepted by the App .....

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..... id Government Order, that the exemption under the said Government Order being only in relation to the sale effected by the manufacturer, the benefit of that exemption cannot apply to the subsequent sales of handmade matches, as the said Government Order does not confer general exemption in relation to handmade matches, that therefore, all the subsequent sales of the said handmade matches are not c .....

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..... 0,000. So that sale gets exempted by the exemption notification issued by the Government. The petitioner's sale being the subsequent sale, which is the first taxable sale inside the State, the same is liable to be taxed. According to the learned counsel for the petitioner, the taxable event being the first sale in the State and the first sale having been exempted, there is no tax liability in resp .....

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..... y the manufacturer is exempted, then the sale by the petitioner in this case, who has purchased the goods from the manufacturer, becomes the first taxable sale inside the State. As we have already held that, the exemption in relation to a particular sale will not be available to other subsequent sales, the taxing statute has to operate in respect of other sales, and the petitioner's sale becomes t .....

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