LAWS(ST)-2008-9-7

A.P. STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED Vs. STATE OF ANDHRA PRADESH

Decided On September 05, 2008
A.P. State Agro Industries Development Corporation Limited Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THIS appeal is preferred in Form -II Appeal Memorandum under Rule 38 of APGST Rules, 57 challenging the revision order dated 8.2.2008 passed by Deputy Commissioner (CT)., Abids Division where under the assessment order dated 11.10.2004 for the year 2001 -02 passed under APGST Act, '57 by Commercial Tax Officer, Agapura Circle was revised in exercise of revisional power under Section 20(2) of APGST Act, '57 involving the impugned turnover of Rs. 5,83,02,497/ - purportedly falling under Section 5E of APGST Act, 57. A brief recounting of the facts leading to the lis involved in this appeal is as follows.

(2.) M /s. A.P. State Agro Industries Development Corporation Limited, Hyderabad (for short, 'the appellants') are registered dealers under APGST Act, 57 (for short, 'the Act') and assesses on the rolls of Commercial Tax Officer, Agapura Circle (for short, 'the assessing authority') who by order dated 11.10.2004 assessed the appellants for the assessment year 2001 -02 under the Act on the following turnovers.

(3.) HEARD the Counsel on each side. The Learned Counsel for the appellant referring to the grounds submitted that the appellant is a Corporation promoted by Government of Andhra Pradesh in consonance with International Agricultural Policy of Government of India. The main focus of the appellant is to make the barren lands in the State suitable for agricultural purpose. In the process it purchases certain agricultural implements like Tractors, Trailers, Agricultural implements, Pesticides etc.,