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Bachha Tewari and anr. Vs. Divisional Forest Officer, West Midnapore Division and ors. - Court Judgment

LegalCrystal Citation
SubjectSales Tax
CourtKolkata High Court
Decided On
Case NumberCivil Rule Nos. 149W-150W of 1961
Judge
Reported in[1963]14STC1067(Cal)
AppellantBachha Tewari and anr.
RespondentDivisional Forest Officer, West Midnapore Division and ors.
Appellant AdvocateBasanta Kumar Panda, Adv.
Respondent AdvocateJ. Majumdar and ;P.K. Banerjee, Advs.
DispositionSuit dismissed
Excerpt:
- .....the first place, that the petitioner purchased standing timber and the authorities should not have taxed standing timber under the bengal finance (sales tax) act, because standing timber is not goods but immovable property. it must be stated in fairness to mr. panda that he did not ultimately press this point. mr. panda contended, in the next place, that the petitioner merely chopped the timber into firewood but chopped firewood was not manufactured goods. since the petitioner's gross turnover did not exceed rupees ten thousand he was not liable to pay, sales tax on the turnover. this argument is misconceived. manufacturing process means to bring into being a commercial article for sale in the business in which the dealer is engaged, i.e., article which by itself has a commercial value.....
Judgment:

B.N. Banerjee, J.

1. A three-fold grievance was made in this Rule by Mr. B. K. Panda, learned Advocate for the petitioner. He contended, in the first place, that the petitioner purchased standing timber and the Authorities should not have taxed standing timber under the Bengal Finance (Sales Tax) Act, because standing timber is not goods but immovable property. It must be stated in fairness to Mr. Panda that he did not ultimately press this point. Mr. Panda contended, in the next place, that the petitioner merely chopped the timber into firewood but chopped firewood was not manufactured goods. Since the petitioner's gross turnover did not exceed rupees ten thousand he was not liable to pay, sales tax on the turnover. This argument is misconceived. Manufacturing process means to bring into being a commercial article for sale in the business in which the dealer is engaged, i.e., article which by itself has a commercial value and which can be the subject-matter of sale for a price in course of the business of selling or supplying in which the dealer is engaged. There is no reason to exclude the chopping of timber into firewood from the ambit of manufacturing process. If firewood is a manufactured article, then the second branch of the argument of Mr. Panda must fail.

2. The last argument advanced by Mr. Panda was that the petitioner was at first taxed on timber and again taxed on firewood. This, be concluded, amounted to a double taxation which must not be allowed to remain. This argument is not very well conceived. The petitioner was no doubt taxed on timber. After he manufactured firewood from timber, there was no reason to escape assessment on the manufactured commodity.

3. All the three arguments made by Mr. Panda fail and this Rule is discharged.

4. I, however, make no order as to costs.


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