Orissa Court March 1978 Judgments

State of Orissa Vs. Nagindas Jewellers

Court: Orissa

Reported in: [1978]42STC186(Orissa)

R.N. Misra, J.1. At the instance of the State, the Member, Additional Sales Tax Tribunal, has referred two questions for opinion of the court.(1) Whether, on the facts and in the circumstances of the case, the Additional Tribunal was justified to delete the sale proceeds of silver bullion amounting to Rs. 12,934.20 by admitting sale patties issued by the commission agents of the assessee at the second appellate stage?(2) Whether, on the facts and in the circumstances of the case, the Tribunal's reading of the statutory language of entry No. 27 and entry No. 1 of the schedule relating to tax on gold and silver ornaments, is correct and whether the decision of the Tribunal that gold and silver ornaments will be taxed at the rate of 5 per cent after 15th May, 1970, is correct ?2. The assessing officer as also the first appellate authority had not agreed to accept the stand of the assessee that silver bullion worth Rs. 12,934.20 had been sold in Bombay and was, therefore, not exigible to O...