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TMI Blog1977 (2) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... orts made available. 2. The dispute involves two counts: Ist Court : Sales return : 13,303.20 @ 3% 5,958.40 . 19,261.60 . IInd Count: Rs. 25,569.80 sought to be assessed at 3 per cent instead of at 10 per cent on the plea that the involved goods are "declared goods". 3.(i) The sale for Rs. 13,303.20 was made on 29th Jan., 1971 to Hasmukhlal & Co. Bombay-4,. The goods were sent by Deepak Transports to Bombay. The documents of title (i.e.) were sent through Andhra Bank, Bombay. The consignee at Bombay did not honour the bill. This sale bill was accounted in the assessment for 1970-71 and taxes paid thereon. As the consignee did not take delivery, the appellants themselves took delivery and sold them at Bombay in invoices 492/20th Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for Steels' has (composition of silver steel, on page 12 as stated under : British Product Standard No. 1407 Bars (silver steel) Maximum % Minimum % Carbon (C) - 1.25 0.95 Silicon (SI) - 0.80 - Manganes (Mn) - 0.45 0.25 Sulphur (S) - 0.45 - Phosphorous(P) - 0.45 - Chromium 0.5% optional . . . From these details it is clear that 'silver steel' falls within the meaning of 'steel'. (iii) The BRITISH STANDARDS INSTITUTION in the standard for "WROUGHT STEELS" (Page 34) outline the chemical composition as under Chemical Composition . The steel shall contain : . Element Percent . . Min. Max. Carbon - 0.07 0.15 Silicon - - 0.10 Manganese - 0.80 1.20 Sulphur - 0.20 0.30 Phosphorus - - 0.7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " (v) Page 9 of K.E. Silver Steel : 'DRAWN' GROUND OR CENTRELESS TURNED STEELS' gives the following details about 'silver steels'. K.E. SILVER STEEL DRAWN, GROUND or TUNED Average Analysis : 1.20 per cent Carbon 0.40 percent Manganes, 0.40 percent Chrome. How would you define silver steel? It obtains its name not because of its association with the more precious metal, but solely on account of the silver-bright, smooth finish imparted to it by drawing, centreless grinding and polishing. Silver steel is generally made from plain carbon steels having a carbon content of 0.95 per cent, to 1.25 cent. British Standard 1407 also permits, at the option of the maker, inclusion of a small chrome content. It should be guaranteed for size, sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly hold that 'silver steels' as indicated in purchase invoices and dealt with by the appellants fall within the meaning and scope of 'iron and steel' in Entry 4 of the IInd Schedule to Tamil Nadu General ST Act. 'E.N. IA Free Steel' is claimed to be 'Wrought Steel'. The composition is analagous to that on page 34 of British Standards Institution publication and page 184 of Pobilers Steel from the materials placed before us we find that this is a categary of 'steel'. The suppliers invoice also confirms this position. 6. The AAC felt that the article is not 'Iron & Steel' because it contains carbon, manganese and chromium and because it has undergone some treatment. Iron & steel contains, besides iron percentages of carbon, silicon, ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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