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TMI Blog2000 (7) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered under the Companies Act, 1956. It is engaged in the business of manufacturing and selling of T.V. receiver sets. It is a registered dealer under the Orissa Sales Tax Act, 1947 and the Central Sales Tax Act, 1956 (in brief "the CST Act"). It had originally disclosed a gross turnover of Rs. 16,700 in the annual return furnished on May 14, 1987 for the year 1986-87. In the course of assessment proceedings it submitted a revised return indicating gross sale turnover at Rs. 11,77,677.50. Before the assessing officer it claimed that the entire sales disclosed in the revised return are exempted sales on the ground that they were tax free sales inasmuch as it had not charged and collected any sales tax on the sales made in course of inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hase of goods is available only when sale or purchase of such goods is generally exempt under the State sales tax law and the relevant Government notification being not a general exemption but a conditional one, claim for exemption is not tenable. 4.. May it be noted that the Supreme Court in Pine Chemicals Ltd. v. Assessing Authority [1992] 85 STC 432 held that the dealers-assessees were entitled to claim the benefit of the provision contained in section 8(2-A) of the CST Act in view of the exemption granted to them under the Jammu and Kashmir Government order No. 159. The Commissioner of Sales Tax, Jammu and Kashmir sought review of the aforesaid judgment and the Supreme Court by judgment dated October 24, 1994 in Commissioner of Sales T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lumns (2) and (3) against serial No. 30-M occurring under column (1) the following entries shall be substituted and thereafter the following form 1-C shall be inserted, namely: SI. Description of goods Condition and exception subject No. to which exemption has been allowed. (1) (2) (3) Sale by registered dealers of elecThe exemption shall be allowed troic goods manufactured in the for the period from April 1, 1986 State of Orissa by the existing or from the date of start of and new electronic industries as commercial production thereafter declared by the State Electronics up to March 31, 1991 subject to Development Corporation excludproduction of a certificate in form ing the public sector underak1-C appended below from the ings/ indus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by specified condition and restriction. Accordingly, sales made by it in course of inter-State trade would not be exempt from payment of Central sales tax. For the reasons aforesaid, the impugned order of the Tribunal cannot be faulted with. 8.. Before parting with the case, we may state that the judgment of this Court in Magnetix (India) Ltd. (1993) 75 CLT 405, was based on the ratio of the Supreme Court in the first Pine Chemicals case, i.e., [1992] 85 STC 432 (Pine Chemicals Ltd. v. Assessing Authority) which judgment has now been reversed in [1995] 96 STC 355 (Commissioner of Sales Tax, Jammu and Kashmir v. Pine Chemicals Ltd.) In view of this, the judgment of this Court in Magnetix (India) Ltd. [1993] 75 CLT 405, no more holds the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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