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M/s. Lux Hosieries Industries Ltd. Tirupur Versus The Commercial Tax Officer, North Assessment Circle, Tirupur. and The Principal Commissioner and Commissioner of Commercial Taxes, Chennai-5.

2016 (7) TMI 856 - MADRAS HIGH COURT

Interstate sale or stock transfer - Claim for exemption on consignment sale and stock transfer - though it is supported by Form F Declarations, the claim was found not in order for the reason that the goods have been sold on the very next day and therefore, the first respondent proceeded to disbelieve the transaction as one between principal and agent, but as a transaction between a seller and a buyer - Held that:- the first respondent has not conducted the enquiry as required to be done and as .....

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m, learned Additional Government Pleader appearing for the respondents. By consent, the writ petition itself is taken up for final disposal. 2. The petitioner, which is a registered dealer under the provisions of the Central Sales Tax Act, 1956 (hereinafter referred to as the Act) and the erstwhile Tamil Nadu General Sales Tax Act, 1959, filed this writ petition challenging an assessment order dated 26.2.2007 for the assessment year 2004-05. 3. The petitioner is a dealer in hosiery garments, car .....

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ent of pre-export sales. 4. The claim for exemption of pre-export sale was found to be in order, since it was covered by Form H and other evidence to satisfy the claim of exemption under Section 5(3) of the Act and accordingly, the same was allowed. Regarding the claim for exemption on consignment sale and stock transfer, on verification, the first respondent found that it was admissible only for ₹ 37,62,15,764/-, since it was supported by Form F Declaration and other evidence for discharg .....

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essment. 5. The issue would be as to how Form F Declarations, when filed by a dealer, should be examined. Extraneous reasons cannot be imported to test the correctness of Form F Declarations. An enquiry to be made in terms of Section 6A(2) of the Act has been clearly explained in the decision of the Hon'ble Division Bench of this Court in the case of A.Dhandapani Vs. State of Tamil Nadu [reported in (1995) 96 STC 98] wherein the Hon'ble Division Bench, after elaborately analysing the sta .....

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