TMI Blog2014 (2) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... of sale of insulated copper wire, then the said notification applies. Admittedly, in the instant case, the assessee is not selling the copper wire. He receives the copper wire from the customers, uses enamel, fiberglass yarn and paper and converts it into insulated copper wire and delivers the finished product to the customer. In the process, what is sold is enamel, fiberglass yarn and paper. Thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fiberglass yarn and paper. 2. These appeals were admitted on 26.7.2012 to consider the following substantial questions of law: (1) Whether for assessment period 2005-06 in the contract work, the assessee does the work of insulation in respect of coper wire furnished by the customer and delivers the same to the customer. Whether in respect of such contract work, tax could be levied under res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o sale of copper wire. What is sold is enamel, fiberglass yarn and paper which is used in the manufacturing process. The tax leviable is 12.5% on enamel, fiberglass yarn and paper as all these three materials are used in the conversion of copper wire into insulated copper wire and as there is no specific entry of all these three materials, the residuary clause is invoked and 12.5% tax is levied. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the manufacturing process to convert copper wire into insulated copper wire. There is no separate entry in the Schedule prescribed for the tax leviable for these three items. Thus, residuary clause is invoked and 12.5% is charged. In the facts of this case, we do not find any justification to interfere with the orders passed by the Tribunal. Accordingly, there is no merit. Appeals are dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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