TMI Blog1972 (8) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... sales of the said fertilisers. The assessee purchases different items of chemical manures and then mixes them with some organic manure as chemical fertilisers. It is not in dispute that the mixture sold by the assessee will come under item 21 of Schedule I. But the assessee has taken up the stand that as the various items of chemical manures purchased and used by him for the production of the mix ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een subjected to tax earlier. According to the learned counsel, if item 21 merely referred to the words "chemical fertilisers", it could be said that the benefit of exemption from levy of sales tax on second sales cannot be availed of, unless the same goods are sold again, but the detailed reference to various categories of chemical manure shows that if the assessee had showed that those items had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs about a new product by mixing one or more of the said articles with one or more of any organic manure, that product cannot be said to be the same chemical manure or fertiliser which he had purchased and which had already been subjected to tax. The produce got by the petitioner by mixing one or more of chemical manure with one or more of the organic manure will have different properties of its o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n August, 1970, it is only declaratory or clarificatory in nature, that even before the amendment, the legal position was the same, and that the intention of the Legislature should be deemed to be taken to benefit the persons like the assessee who mixes the various kinds of chemical manures which had already suffered tax and sells the resultant mixture as another form of chemical fertiliser. But w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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