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TMI Blog1995 (1) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... n which it was purchased. The remnants sold by the assessee was altogether a new marketable commodity, as the scraps purchased by the assessee has lost its identity after the process of manufacturing washers. Hence, according to the assessing officer what was purchased and sold by the assessee after the process of manufacturing was not the same commodity eligible for exemption. However, on appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is only a scrap. In the scrap, the assessee is making holes for the purpose of manufacturing washers and used to sell the remnants, in the market. When the scrap was originally purchased by the assessee, it was subjected to tax and, therefore, scrap sold by the assessee cannot be taxed once again. Learned counsel further submitted that in the scrap, after the purchase by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shmi Industries v. Deputy Commercial Tax Officer-VI, Madurai [1990] 77 STC 291. According to the facts arisen in this case the scraps were raw materials that were purchased by the petitioner for the manufacture of the shaped and finished materials and during process of moulding and manufacturing the shaped and finished products there remain some scraps. On these facts this Court held that these sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts arising in the present case are different. The assessee has not purchased any iron sheet. But the assessee purchased only M.S. scrap. Therefore, in the present case what was purchased as a scrap is sold as scrap with more holes in it. The remnant would not be useful for any commercial purpose. Therefore, it cannot be considered as an end-product coming out of the manufacturing activity. In that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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