TVL SRI PADMAVATHY COTTON MILLS REP BY ITS MANAGING PARTNER, N R KRISHNAMOORTHY RAJA Vs. ADDITIONAL COMMISSIONER (SMR) OF COMMERCIAL TAXES, OFFICE OF PRINCIPAL SECRETARY/COMMISSIONER OF COMMERCIAL TAXES, CHEPAUK, CHENNAI

JUDGEMENT

(1.) Heard Mr.A.S.Mujibur Rahman, appearing for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondent.

(2.) The Tax Case Revision has been filed by the assessee challenging the order passed by the Additional Commissioner of Commercial Taxes in the appeal filed against the assessment made on the petitioner dealer. The question of law is whether the transfer of hank yarn obligation is akin to transfer of REP licence / exim scrips involving all the element of sale including bargaining between seller and buyer and consideration for such transfer.

(3.) The question has already been decided by the Honourable Supreme Court in the case of Rajaratna Mills Limited vs. Commercial Tax Officer-1, Palani in Civil Appeal No.62 of 2008, dated 08.04.2016, by passing the following order: