| Citation(s) |
|---|
| 1970 SLG 15 1970 SLD 15 1970 PLD 93 1970 PTD 140 (1970) 21 TAX 16 |
Supreme Court of Pakistan
Civil Appeals Nos. 34-D to 36-D of 1967, decision dated: 24th December 1969, hearing DATE : 15th December 1969
HAMOODUR RAHMAN, C.J., ABDUS SATTAR AND M. R. KHAN, JJ
Afzalul Haq, Senior Advocate Supreme Court instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record for Appellant. Sisir Kumar Sen, Advocate Supreme Court instructed by Zinnur Ahmed, Advocate-on-Record for
Respondent (in Civil Appeal No. 34D of 1967)
Civil Appeals Nos. 34-D to 36-D of 1967, decision dated: 24th December 1969, hearing DATE : 15th December 1969
HAMOODUR RAHMAN, C.J., ABDUS SATTAR AND M. R. KHAN, JJ
Afzalul Haq, Senior Advocate Supreme Court instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record for Appellant. Sisir Kumar Sen, Advocate Supreme Court instructed by Zinnur Ahmed, Advocate-on-Record for
Respondent (in Civil Appeal No. 34D of 1967)
THE COMMISSIONER OF INCOME TAX, EAST PAKISTAN--Appellant
VS
MESSRS AYURVEDIC PHARMACY (DACCA) LTD: --Respondent Civil Appeal No. 35D of 1967 THE COMMISSIONER OF INCOME TAX, EAST PAKISTAN--Appellant Vs MESSRS SAKTI AUSHADHALAYA (DACCA) LTD.--Resp
Law: Sales Tax Act, (III of 1951)
Section: 7(1),8(2)
Sales Tax Act (III of 1951)--Ss. 7(1) & 8(2)----Goods once exempted from tax under S. 7-Go out of purview of Act and their gross takings cannot be taken into account for any purposes of Act-Central Government Notification No. 5, dated 16-3-52 read with Notification No. 7, dated 27-6-51 and Notification (Sales Tax) No. 10, dated 27-6-51-Government by Notification No. 5 read with Notification No. 7 exempting Ayurvedic medicines from tax payable under Act-Such goods cannot be added to the turnover of not exempted goods in determining total "turnover" in Notification No. 10, dated 27-6-51. Ayurvedic medicines were exempted from sales tax by Government vide Notification No. 5, dated 16-3-52 read with Notification No. 7, dated 27-6-51. According to another Notification No. 10, dated 27-6-51 a producer or manufacturer having a turnover not exceeding Rs. 60,000 a year is completely exempted from payment of sales tax. The assessee on the basis of the exempted goods claimed that his turnover was less than Rs. 60,000. On the other hand the Sales Tax Officer asserted that notwithstanding the fact that some of his goods might have been exempted by notification issued under section 7(1) of the Sales Tax Act, 1951, all the same…
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