2016 (10) TMI 897

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..... o between the parties as well as material in the shape of purchase orders and invoices which were already on record. This Court therefore is of the opinion that , the present revision which pertains to the Assessment Year 2001-02 would commend a remit to the assessing authority. Revision allowed - matter remanded to the assessing authority for a decision afresh.
Hon'ble Yashwant Varma, J. For Applicant : Shubham Agrawal,Bharatji Agarwal For Opposite Party : S.C. ORDER Heard Shubham Agrawal, learned counsel for the revisionist and Sri B.K. Pandey, learned standing counsel who has appeared for the revisionist. The present revision questions the correctness of the judgment rendered by the Tribunal affirming the view taken by the as .....

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..... ng other material, a separate contract was entered into on 19 May 2001, in terms of which the revisionist was obliged to supply cement, steel, bitumen and other material based upon the purchase orders that were to be placed upon it by the CDS from time to time. While construing the said transaction, reference was also made to the invoices as well as the purchase orders which were placed upon the revisionist by the CDS from time to time. The Tribunal while holding against the assessee has primarily rested its decision on the fact that in its view from the terms and conditions of the agreement entered into between the parties, it was not evident as to whether the goods were existing goods or not. The Tribunal has proceeded to hold against th .....

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..... y. Sri Pandey, learned standing counsel on the other hand submits that from the terms and conditions of the agreement itself it is evident that the plant, equipment and goods were non existent and was therefore rightly taxed as an inter-State sales and not as an intra-State sales effected in the course of a transaction referable to Section 3-F of the 1948 Act. The Court notes that inter partes in TTR No. 813 of 2007, the learned Single Judge has held as follows:- "The Tribunal has come to the conclusion that the goods were in fact being supplied by the assessee to CDS in the State of U.P. itself and were nothing but U.P. Sales. However, this finding has been recorded by the Tribunal without examining the contracts which were on rec .....

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