TMI Blog1979 (7) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... cturer within the meaning of section 2(e-1) of the U.P. Sales Tax Act. The assessing authority has treated the assessee as a manufacturer and the first appellate court has confirmed that finding. It has essentially relied on clause I of the agreement which the assessee had entered with the railway administration. That clause reads: "In consideration of the contractors agreeing to pay to the rail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y yards and for that purpose a certificate issued by the railway administration on 31st December, 1977, was produced before him. The learned revising authority has hence held that the assessee is not liable to any tax. Aggrieved, the Commissioner of Sales Tax, U.P., Lucknow, has filed this revision under section 11 of the U.P. Sales Tax Act. It was submitted before me by the standing counsel tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds to which some labour is applied remain essentially the same commercial commodity it cannot be said that the final product is the result of manufacture. Sales of pig bristles to foreign countries after they had been treated with chemicals and put to a certain manual process were not regarded as manufactured goods within explanation II(ii) of section 2(h) of the Act. It is correct that that decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of coal of different sizes, cannot amount to manufacture. For my satisfaction, the agreement relating to the year under consideration, clause 1 of which has been extracted by the Appellate Assistant Commissioner (Judicial), was produced before me. The heading of the agreement is: "Agreement for ash-pit cleaning and ash handling in traffic yard at PBH including purchases and removal of day-to-d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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