TMI Blog1995 (7) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in this tax revision is with regard to the addition of notional profit of Rs. 2,97,630 (40 per cent gross profit on Rs. 7,44,073) to the value of the paper consumed. The assessee executed the works contract. The assessee contended that the value of the materials used in works contract alone is assessable to tax and not on the sale value of the said commodity. The department, on the other hand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly the assessment on the turnover of Rs. 2,97,630 was set aside. It is against this order the department is now in revision before this Court. 2.. The learned Additional Government Pleader (Taxes) submitted that in view of the fact that the provision of rule 6-B of the Tamil Nadu General Sales Tax Rules, 1959 has been struck down by this Court in the decision reported in Larsen and Toubro Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But it remains to be seen that after the decision rendered in Larsen and Toubro Limited v. State of Tamil Nadu [1993] 88 STC 289 (Mad.) above referred to, and after the introduction of the new section 3-B, with retrospective effect from June 26, 1986, the order passed by the Tribunal, dated March 17, 1992 on the basis of rule 6-B is unsustainable. Therefore, we set aside the order passed by the T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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