1995 (12) TMI 348

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..... s cement sheets to various persons at the instance of certain nationalised banks. The petitioner contends that the said turnover has to be taxed at the concessional rate of tax by virtue of the provisions of G.O. Ms. No. 172 (Revenue) dated February 13, 1986. The department contends that the said transactions cannot have the benefit of the concessional rate of tax because they are hit by the proviso in the said G.O., which is as follows: "Provided that the above concessional rate of tax shall be applicable only to such public sector undertakings/Government companies/co-operative societies in respect of goods that are manufactured in the State and sold to them for being used or for captive consumption by them and the concessional rate of t .....

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..... that the loan amounts thus sanctioned are properly utilised for the purposes for which they were meant, the banks placed orders on the appellant for purchasing the cement sheets and however, directed the appellant to deliver such cement sheets directly to the customers. As per such directions, the appellant delivered the cement sheets directly to the customers and claimed the value of the same from the banks who Here italicised. paid such amounts to the appellant. The banks never received the cement sheets and never took delivery of the same, and as such, there was no occasion for such banks 'to make use' of such cement sheets for any of their purposes. The question of putting the goods to any use does not arise when the banks did not even .....

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..... ttedly the banks never put to use the said sheets. These are findings of fact and no question of law is involved in these findings. The language of the proviso in G.O. Ms. No. 172 is plain and unambiguous. The intention of the said G.O. is to give the benefit of the concessional rate of tax of 4 per cent only when goods manufactured in the State are sold to public sector undertakings/Government companies/co-operative for their own use or for their captive consumption. In the present case the Tribunal found as a fact that that condition was not satisfied. We therefore do not find any substance in the contention advanced by the learned counsel for the petitioner to admit these tax revision cases. The tax revision cases are therefore dismiss .....

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