COMMISSIONER OF SALES TAX Vs. INDORE IRON TRADERS

JUDGEMENT

(1.) BY this reference under Section 44 of the M. P. General Sales Tax Act, 1958, hereinafter called the Act, the Board of Revenue has referred the following question of law to this Court for its opinion :

(2.) THE material facts giving rise to this reference briefly are as follows :

(3.) BEFORE we turn to appreciate the contentions advanced on behalf of the parties it would be useful to refer to the relevant provisions of law which were in force at the material time. The provisions of Section 39 (2) of the Act, which were in force at the material time, were as under :