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1991 (8) TMI 305

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..... trate falls under entry 21 of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959, hereinafter called "the Act", taxable at 3 per cent as held by the Tamil Nadu Sales Tax Appellate Tribunal or under entry 138 to the First Schedule taxable at 8 per cent as contended by the Revenue. The assessment year in question is 1978-79. 2.. The assessing officer as well as the Appellate Assista .....

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..... try namely, "ammonium nitrate" was also deleted and certain other entries were added. Entry 21 was further amended with effect from February 2, 1977 and in the amended entry also "chemical fertilisers, that is to say" stood deleted. "Ammonium nitrate" was also not included in the enumerated items in the entry. Thus, it is obvious that the Tribunal was in error in holding that ammonium nitrate was .....

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..... elevant time and before its omission by Act 46 of 1982, with effect from July 1, 1982, read "dyes and chemicals other than those specifically mentioned in this Schedule". This entry takes within its fold both "dyes" and "chemicals" other than those specifically mentioned in the Schedule. "Ammonium nitrate' by its very composition is only a chemical. It is also not specifically mentioned in the Sch .....

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