9911796707
TMI Blog2007 (7) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... er 1, 1998. However, certain transactions relating to supply of goods being L.T. open clamps A-type were noticed to have not been disclosed in the returns filed by the dealer and therefore, proceedings for reassessment under section 21 of the Act were initiated. In the assessment order under section 21 of the Act, the assessing officer vide order dated September 22, 1989 found that the transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Standing Counsel is that the reliance placed by the Tribunal on the decision of this court in the case of Commissioner, Sales Tax, U.P., Lucknow v. Ravi Industries, Bareilly reported in [1988] 69 STC 288; [1987] STI 309, is misplaced. It is not applicable at all to the facts of the present case. The order of the Tribunal is, therefore, vitiated. It is further submitted that L.T. open ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be four per cent. The court was of the view that the clamps and channels in no way could be said to be covered by entry at serial No. 7A as they had no nexus with the electrical equipments, plants and their accessories required for generation, distribution and transmission of electrical energy and accordingly applied the lower rate of tax. In the present case the issue involved though relates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thus clear that 'cast iron' is different from 'cast iron castings' manufactured by the appellant. 'Cast iron' is purchased by the appellant and from that 'cast iron', he manufactures several goods like man-hole covers, bends, cast iron pipes, etc. In other words 'cast iron' used in item (iv) of section 14 of the Central Act is the material out of which the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and steel. In the present case, the assessing officer had rightly applied the rate of unclassified items and not treating it to be iron and steel. It may also be noticed that the dealer had not raised this issue before the assessing officer, as is apparent from the perusal of the assessment order under section 21 of the Act. In view of the discussion made above, the revision succeeds and is all ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
