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TMI Blog2004 (5) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... and on the turnover of sale of stamping and of manufactured ceiling fans were granted exemption. But the assessing officer levied tax on the sale of iron scraps, tin scrap and copper scrap. He was of the opinion that on the sale of such items the dealer-opposite party, holder of eligibility certificate, is not entitled to exemption under section 4A of the Act. The core question involved in the present revision is about the levy of tax on the sale of iron scrap, tin scrap and copper scrap, when the turnover of the manufactured electric stamping and ceiling fans have been granted exemption under section 4A of the Act. Heard, the counsel for the parties and perused the record. The assessing authority as well as the appellate authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ify the goods to be manufactured by the manufacturer for the grant of eligibility certificate in the application under section 4A of the Act. There was no prescribed application for grant of eligibility certificate during that period. For the first time the said requirement came into force through rule 25 of the U.P. Sales Tax Rules, 1948. This position could not be disputed by the learned Standing Counsel. The learned Standing Counsel submitted that since main manufacturing activity of the dealer-opposite party was manufacturing of electric stamping and ceiling fan, he can claim exemption from the payment of trade tax upon these items only. He is not entitled to claim exemption on the sale of scrap of aluminium, copper and tin. My at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... What is waste product is not defined in the Act. This court in the case of J J Enterprises v. Commissioner, Trade Tax [1996] 102 STC 51; [1996] UPTC 471 has held in this regard. The relevant portion is quoted below: The words 'waste products' are not defined in the Act and, therefore, we have to take recourse to the dictionary meaning. In Chambers Twentieth Century Dictionary, reprint edition 1973 at pages 1535 and 1536 the term 'waste products' means as follows: ' waste products means material produced in a process that is discarded on the completion of that process.' In Webster's Third New International Dictionary, Volume III, it means as follows: ' waste product debris resulting from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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