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2013 (4) TMI 682 - KARNATAKA HIGH COURTIPOL cylinder oil - Whether liable to tax under sub-section (1) of section 3 of the Act? - Levy of tax, penalty and interest - Held that:- The revisional authority has proceeded on the ground that the assessee has purchased the lubricating oil and thereafter is upgrading it. That is the factual error on the part of the revisional authority. What is purchased is "IPOL cylinder oil" and not the lubricating oil. After purchasing the "IPOL cylinder oil" certain processes are conducted to convert it into a grease which is used for industrial purposes. Under these circumstances, when the "IPOL cylinder oil" is not one of the petroleum products included in entry 67 for the purpose of levying tax under section 3(1) of the Act, the same does not find place in the notification issued under the said provisions. The order passed by the first appellate authority setting aside the order passed by the assessing authority was legal and valid. The revisional authority committed a serious error in interfering with such an order without reading the invoice properly. Thus, the impugned order is liable to be set aside. Appeal allowed.
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