9911796707
TMI Blog1977 (10) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... March, 1976, partly dismissing the appeal preferred by the assessee. The case of the assessee here and before the Tribunal was that all the transactions are covered by valid C forms and, therefore, the turnovers covered by these transactions should be subjected to tax at 3 per cent and not at 10 per cent. The dispute in this revision is regarding the differential rate of tax. We are concerned wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he quantity of which is 733.125 metric tons. For the total supply of 1,788.845 metric tons, it submitted two C forms. It was found that when the Steel Corporation had placed an order for supply of 1,700 metric tons, the assessee had supplied in excess of that order 88.845 metric tons of rock phosphate. Under item 2, the assessee supplied 116.470 metric tons. The supply made by the assessee under t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entered into another contract for supply of the excess quantity of 88.845 metric tons. It does not appear from the facts stated that this small quantity of excess of 88.845 metric tons was the result of another contract not covered by the contracts in question. We are, therefore, of the opinion that the slight margin cannot lead to the conclusion that this excess quantity was supplied pursuant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of tax at 3 per cent. As regards item 7, we are unable to agree with the learned counsel, Sri Anantha Babu, that this transaction also is similar to the transactions covered by items 2, 4 and 6. It may be seen here that the assessee supplied 1,252.920 metric tons, the cost of which was Rs. 2,06,246.70 against C form. The order placed by the company for supply of rock phosphate was for only 500 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
