TMI Blog1987 (1) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... enue) to answer the following questions of law: "(1) Whether, in the facts and circumstances of the case, the sales of the stock of motor spirit which has suffered tax under the M.P. Sales of Motor Spirit and Lubricants Taxation Act, 1957 (Act No. 4 of 1958) will be exempt from the levy of tax under the M.P. General Sales Tax Act, 1958, on and after August 1, 1972 (i.e., the date from which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x under the Madhya Pradesh Sales of Motor Spirit and Lubricants Taxation Act, 1957 and these were in stock on August 1, 1972. Tax on motor spirit was payable under the said Act by the wholesaler and this was recovered from the retail seller when the goods were transferred. The non-applicant claimed that the stock of motor spirit available with it on August 1, 1972, was tax-paid in their hands and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 83] 16 VKN 311 and approved in Commissioner of Sales Tax v. Mandla Petroleum Agencies [1986] 19 VKN 308, wherein it has been held: "The sale of the stock of the motor spirit which has suffered tax under the M.P. Sales of Motor Spirit and Lubricants Taxation Act, 1957, will be exempt from the levy of the tax under the M.P. General Sales Tax Act, 1958, on the stocks held by the dealer/non-applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
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