BALAI CHAND SEAL Vs. K M CHAKRAVARTI

JUDGEMENT

(1.) The petitioner was a bullion merchant and vised to carry on business under the trade name Messrs. Balai Chand Seal. The said business stands closed with effect from Chaitra 25, 1363 (corresponding to April 8, 1957).

(2.) While he was in the business, the petitioner obtained, on December 18, 1942 his registration as a dealer under Section 7 of the Bengal Finance (Sales Tax) Act, 1941. The certificate of registration specified the following classes of goods as saleable to the petitioner free of sales tax, namely, gold, silver and specie. Subsequently, two more items, namely guineas and monurs, were added to the specification. The specification was, however, of little utility to the petitioner because up to September 24, 1955, bullion and specie were exempted from sales tax under item 22 of schedule of exempted goods read with the provisions of Section 6 of the Bengal Finance (Sales Tax) Act, 1941.

(3.) On August 18, 1955, there was a Bill published in the Calcutta Gazette, Extraordinary, entitled the Bengal Finance (Sales Tax) (Second Amendment) Bill, 1955, of which Clause 13 was couched in the following language: "In the Schedule to the said Act,--(a) in item 8 the word "sugar" shall be omitted; and (b) the following items shall be omitted, namely: <FRM>JUDGEMENT_81_AIR(CAL)_1966Html1.htm</FRM>