TMI Blog1997 (4) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... it allowed Commissioner's second appeal and held the sale of iron scrap made by the dealer taxable. 2.. I have heard Sri M. Manglik, learned counsel for the revisionist and Sri U.K. Pande, learned counsel for the Commissioner-respondent. 3.. Admittedly, the revisionist deals in iron scrap which it purchases from others. The assessing officer estimated the turnover at Rs. 3 lacs out of which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cturer or importer. None of the authorities have said that the dealer-revisionist is an importer. The Tribunal has held the revisionist to be a manufacturer. "Manufacture" and "manufacturer" have been defined in section 2(e-1) and 2(ee), as under: "2(e-1). 'manufacture' means producing, making, mining, collecting, extracting, altering, ornamenting, finishing, or otherwise processing, treatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lers has not been reversed. In fact the Tribunal has used the word "laxzg.k" which means storage or stocking. Purchasing scrap from unregistered dealers who may be picking scraps from here and there cannot be treated as collecting the same so as to amount to manufacture. Since admittedly, the goods, i.e., scrap has been purchased by the dealer from others, it is those third persons who may or may ..... X X X X Extracts X X X X X X X X Extracts X X X X
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