9911796707
TMI Blog2015 (12) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessee and against the Department. So far as question No.2 is concerned, the Tribunal had found that ERDL, Pune is not one of the entity listed in G.O.Ms.No.882 dated 28.12.1988, which fact is not being disputed before us. It is only those specific entities which are listed in G.O.Ms.No.882 dated 28.12.1988 that are prohibited to issue D- Forms. We may also further add that the fact that ERDL, Pune, had issued D-Form for procuring material would go to show that they are eligible and entitled to issue such D-Forms and the D-Forms are validly issued. In that view of the matter, allowing the respondent to avail the concessional rate of duty, as applicable to the transaction, is unassailable. We are also not persuaded by the argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 993-94 under the CST Act. At the outset, Mr. S. Dwarakanath, learned counsel for the respondent/Assessee, submits that the issue raised in the present case is squarely covered by the judgment of the Division Bench of this Court in the assessees own case i.e., State of Andhra Pradesh v. Bharat Dynamics Limited [1997] 106 STC 158 (AP) for the Assessment Years 1971-72 to 1977-78, and the Tribunal had followed the said judgment and as such there is no question of law to be decided and answered. However, Mr. Vivek Reddy, learned Special Government Pleader appearing on behalf of the State, submits that there is a distinction which has been ignored by the Tribunal in considering the appeal and as such the appeal is required to be considered for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporated in the missiles which are to be sold. If it is to be contended that there are no sales and it is only for the purpose of executing the work contracts these bulk of materials were procured by utilizing C- Forms, the very utilization of C-Forms would amount to misuse and mis-utilisation of C-Forms, which is impermissible in law. It is also further contended that the respondent is billing the Government of India and they are receiving consideration for the products manufactured by them and if there are no sales there cannot be any receipt of consideration. Pointing out these aspects and drawing our attention to paragraphs 19 and 20 in Page 0168 of Bharat Dynamics Limited (1 supra), learned Government Pleader submits that the ratio l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .GST Act as applicable to CST transactions, is limited to the consideration of questions of law that arise from the orders of the Tribunal. The Tribunal being the last fact-finding authority, the facts as found by the Tribunal are required to be the basis for considering the questions of law arising in a particular case. Unless a specific question raising perversity of fact is raised, it is impermissible for the High Court, in exercise of revisional jurisdiction, to question the finding of fact recorded by the Tribunal. In other words, the finding of fact, as recorded by the last fact- finding authority under the Statute, requires to be accepted for the purpose of consideration of questions of law. This aspect of the matter is well settled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of India certain export sales are also undertaken. The bulk of the components are supplied by the overseas collaborator and also certain parts are procured from identified vendors approved by the Government of India. The Tribunal considered the aspect that, under the very agreement entered into by the Government with the French entity, there is a requirement of transfer of technology and indigenisation of the component over the years. Considering the fact that the as per the basic agreement which was entered into between 1971 and 1972, it is natural that the local manufacturing abilities have been improved and efforts were made to absorb the technology so as to reduce the outflow of foreign exchange. For the relevant year, the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which fact is not being disputed before us. It is only those specific entities which are listed in G.O.Ms.No.882 dated 28.12.1988 that are prohibited to issue D- Forms. We may also further add that the fact that ERDL, Pune, had issued D-Form for procuring material would go to show that they are eligible and entitled to issue such D-Forms and the D-Forms are validly issued. In that view of the matter, allowing the respondent to avail the concessional rate of duty, as applicable to the transaction, is unassailable. We are also not persuaded by the argument of the learned counsel for the Department that on account of the alleged misuse of C-Forms, we have to assume that there is a sale transaction involved. Even assuming for the sake of argu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
