B.C.Mitra, J. - (1.) This is an appeal against a judgment and order of Banerjee, J., dated 14th January, 1963, discharging a rule obtained by the appellant under Article 226 of the Constitution.
(2.) The appellant is a partnership firm and carries on business as a dealer in bullion and also as wholesale and retail distributor of bullion and specie and manufacturer of ornaments and utensils. In 1941 it was registered under the Bengal Finance (Sales Tax) Act and was granted a registration certificate bearing number CS/4517A. Under this certificate the appellant could purchase bullion, without paying sales tax, for the purposes of manufacture only. But the certificate did not cover the purchase and resale of bullion and specie, as such.
(3.) Under the Bengal Finance (Sales Tax) Act, 1941, transactions in bullion and specie were not liable to sales tax, as provided in serial No. 22 of the Schedule of exempted goods under Section 6 of the Act. The Act however was amended in 1955 by the Bengal Finance (Sales Tax) (Second Amendment) Act, 1955, and this amending Act omitted item No. 22 altogether. By reason of such amendment, on and from 25th September, 1955, transactions in bullion and specie became liable to sales tax. Prior to the amendment, therefore, the appellant's business in sale and purchase of bullion and specie was not affected by the taxing provisions in the Bengal Finance (Sales Tax) Act, 1941. But upon the amendment of the Act, the appellant's registration certificate, as a dealer in bullion and specie, needed amendment to cover its transactions in those commodities. After the amendment such transactions became taxable unless included in the registration certificate of a dealer.;