TMI Blog1995 (1) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... cable drums at Salem. On checking the accounts in the assessment year 1980-81, the assessing officer noticed that there was no evidence to prove that the wood purchased for Rs. 79,796 had already been taxed and such purchases were consumed in the manufacture of cable drums. Hence, he determined the taxable turnover at Rs. 79,796 and levied tax at 4 per cent. Aggrieved with the same, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the purchase turnover of Rs. 79,755.50 is taxable at 5 per cent single point instead of 4 per cent adopted by the assessing officer. Aggrieved with that order, the assessee is in appeal before this Court. 2.. Learned counsel appearing for the assessee submitted that the assessment cannot be made by the assessing officer on the purchase turnover of wood under section 7-A of the Act. Learned coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9,756 during the year of assessment and from the wood purchased from non-dealers, the assessee had made out cable drums and in the process of making the cable drums, the identity of the wood was not lost. In order to attract the levy of tax under section 7-A the goods purchased should have been consumed or devoured or exhausted in the process of manufacturing with the result the identity of the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clips does not attract the tax under section 7-A of the Act. 6.. In T.C. No. 300 of 1980 in the case of State of Tamil Nadu v. Vijayakumar Slate Works by an order dated March 13, 1980, this Court held that the purchase turnover of the wood was not liable for tax under section 7-A of the Act since the wood purchased was merely made into frames in which slates were inserted and the frames themselv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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