LAWS(BOM)-2010-1-201

DEEPMANI Vs. THE STATE OF MAHARASHTRA

Decided On January 21, 2010
DEEPMANI Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This reference under section 51 of the Bombay Sales Tax Act, 1959 ( BST Act for short) is made by the Sales Tax Appellate Tribunal to seek decision of this Court on the following substantial questions of law:

(2.) The applicant is a dealer registered under the BST Act. The applicant is acting as an authorised dealer to promote and market the products of M/s.R.K.Machine Tools Pvt.Limited, Ludhiana. The Sales Tax Officer (48), 'A Ward, Unit IV, Mumbai vide his order dated 27th March, 1985 assessed the applicant for the period 1st April, 1983 to 31st March, 1984 levying sales tax under the BST Act on the transaction of sale which, according to the applicant, did not attract sales tax since it occasioned export out of the territory of India.

(3.) Aggrieved by the aforesaid order of assessment, the applicant preferred first appeal before the Assistant Commissioner (Appeals), Bombay City Division, Bombay, which, according to the applicant, was dismissed without considering the legal contentions raised leading to sale of goods which occasioned export out of country.