TMI Blog2014 (2) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... . S SUJATHA, AGA JUDGEMENT Per : N Kumar, J : These appeals are filed by the assessee challenging the orders passed by the authorities levying tax at 12.5% on the sale of enamel, fiberglass yarn and paper. 2. These appeals were admitted on 26.7.2012 to consider the following substantial questions of law: (1) Whether for assessment period 2005-06 in the contract work, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2006 onwards, works contract has been recognized. The tax payable is 4% on copper wire and if there is a sale of insulated copper wire, the tax liable is only 4%. In the instant case, there is no sale of copper wire. What is sold is enamel, fiberglass yarn and paper which is used in the manufacturing process. The tax leviable is 12.5% on enamel, fiberglass yarn and paper as all these three mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts it into insulated copper wire and delivers the finished product to the customer. In the process, what is sold is enamel, fiberglass yarn and paper. These are the three materials which are used in the manufacturing process to convert copper wire into insulated copper wire. There is no separate entry in the Schedule prescribed for the tax leviable for these three items. Thus, residuary clause is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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