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TMI Blog1972 (9) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... itted this statement of the case, under section 11(3) of the U.P. Sales Tax Act. The following two questions of law have been referred: "(1) Whether galvanised iron wire in coils sold by the assessee comes under the category of 'iron goods' liable to tax as 'hardware' under Notification No. ST-1367/X-1045(19)-1960 dated 5th April, 1961, or as 'wares made of any metal or alloy' under Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) if it is not 'hardware', whether it is iron and steel covered by section 3-AA of the U.P. Sales Tax Act." The assessee carries on business in iron and steel. During the assessment year 1964-65, the assessee sold certain quantity of galvanised iron wire rolled into coils. These coils were purchased by the assessee from M/s. Indian Steel and Iron Products Limited, Jamshedpur. The assessee cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding in this case is that the assessee sells galvanised wire in the same condition in which he purchases from the manufacturer mills, the coils, so that there is no question of their being hardware. By "hardware" is meant small articles like nuts, bolts, etc., as held by this court in Commissioner of Sales Tax v. Aftab Husain Imdad Husain[1970] 25 S.T.C. 471. Accordingly, we answer the first qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m III-A was not a consumer and as such was not liable to pay tax on the turnover of galvanised wire. We, accordingly, answer question No. (1) in the negative and question No. (2) in the affirmative. As both the questions have been answered in favour of the assessee, he is entitled to the costs of this reference which we assess at Rs. 100. Reference answered accordingly. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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