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1989 (4) TMI 295

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..... ting the rival contentions of the assessee as well as the department and holding that the goods sold by the assessee are taxable under the residuary entry at serial No. 79 in the notification dated March 8, 1969, at the rate of 7 per cent. According to the assessee, the goods are taxable at the rate of 4 per cent under the entry at serial No. 4 of notification dated July 1, 1975. The department's .....

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..... dated March 8, 1969, is as under: "45. Tyres, tubes, spare parts and accessories of motor vehicles excluding those meant for tractors." The finding of fact recorded by the Board of Revenue is that the assessee is a manufacturer of iron and steel as a re-rolling mill; the assessee purchases ingots and billets as raw material and makes flat bars of different sizes after re-rolling them; and the fl .....

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..... d by the assessee are flat bars of different sizes prepared from ingots and billets used as raw material after re-rolling them. It is obvious that these flat bars sold by the assessee are incapable of being treated and used as spare parts and accessories of motor vehicles as such in the shape in which they are sold by the assessee. It is a different matter that these flat bars can thereafter be co .....

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..... n dated July 1, 1975, on the other hand, clearly includes within its ambit the goods sold by the assessee in the shape of flat bars of different sizes. The expression "iron and steel" used in this entry is to be understood as defined in clause (iv) of section 14 of the Central Sales Tax Act. A bare perusal of clause (iv) itself shows that a wide meaning has been given to the expression "iron and s .....

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