PRAKASH IMPEX Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The assessee has preferred these revisions as against the order of the Tribunal, relating to the assessment years 2001-2002 (TNGST), 2001-2002 (CST), 1999-2000 (CST), 2000-2001 (CST) and 1999-2000 (TNGST).

(2.) The facts in all these tax cases are one and the same. The Tribunal considered the issue under a common order and rejected the case of the assessee. The present revisions are at the instance of the assessee.

(3.) It is seen from the facts narrated herein that the assessee is a dealer in finished leather. The assessee effected sale of DEPB licence in the course of the trade or commerce and sold them locally during the assessment years 1999-2000 and 2000-2001. The assessee claimed that the sale of DEPB licence was not liable to be included in the turnover, there being no "business" carried on in that line. The assessee further pointed out that there was no sale of goods; consequently, the same was not assessable under the provisions of the Act. The Assessing Officer, however, rejected the contention of the assessee, following the decision (Vikas Sales Corporation Vs. Commissioner of Commercial Taxes, 1996 102 STC 106), holding that DEPB licences were "goods" for the purposes of the Act; consequently, assessable under the provisions of the Act.