V GUARD INDUSTRIES LTD Vs. COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) RECTIFICATION under Section 55 of the Tamil Nadu General Sales Tax Act, 1959 has been refused on the ground that a subsequent judgment of the Supreme Court with regard to taxability of the sale was not required to be taken note of as a ground for rectification.

(2.) THE assessee had purchased voltage stabilizers during the assessment year 1992-93 from a firm which was a charitable organization and was therefore exempt from the payment of salse tax. THE point of levy of tax was the first sale. When the assessee resold the goods, it claimed that it was not liable to pay tax as it was a second sale. THE assessing officer however proceeded to levy tax rejecting the plea that it was a second sale. THE assessment for the year 1992-93 was made on 10.1.1994.

(3.) LEARNED counsel for the State sought to sustain that order of the Tribunal by placing reliance on two judgments of this Court in the case of The State of Tamil Nadu v. KS.M.G.Meenambal and Company (56 STC 82), decided on 15.12.82 and the case of State of Tamil Nadu v. Everest Trading Company (67 STC 148), decided on 5th January 1987.