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2010 (7) TMI 922 - HC - VAT and Sales TaxWhether elastic rail clips are in the nature of "forgings"? Held that:- The elastic rail clips had not only been accepted by the Department to be under the classification of forging but the same classification has also been approved by the honourable apex court in Vee Kay Industries [1997 (7) TMI 121 - SUPREME COURT OF INDIA]. We also come to the conclusion that the elastic rail clips are in the nature of "forgings". Therefore the notices issued under section 21(2) of the U.P. Act for reassessment are not justified as there is no doubt about classification of the item. The authorisation made by the authority concerned for reopening the case is also not justified in the facts and circumstances of the present case and therefore both the notices dated March 17, 2008 as well as the authorisation dated March 28, 2008, i.e., annexures 2, 4 and 5, are set aside by this court.
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