TMI Blog2004 (11) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... be taxed as a new product or it could be exempted as second sale. There are no disputes on facts. The assessing authority assessed it as first sale as a new product. Appeal filed by the assessee, was dismissed. Second appeal filed by the department was, however, allowed. Therefore, this T.R.C. by the department. 2.. Whether a blank audio cassette is different than a recorded audio cassette or no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p forward and record sound itself and sell such tapes. It is to cover both eventualities that tariff item 59 is categorised as it is. But it is altogether different to say that by reason thereof the recording of sound on blank tapes, as done by the appellant on job work basis, is a manufacturing process. As the Tribunal in M. Basheer Ahammed's case (1990) 48 ELT 591 has rightly pointed out, even ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and recognised as a distinct and separate commodity, it should be considered that manufacture has taken place. Supreme Court was of the view that recording of a blank cassette gives rise to a new product. This judgment is latest and is by a three-Judge Bench of the Supreme Court, whereas the earlier judgment is only by two judges. 4.. However, the learned counsel for the petitioner submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be no order as to costs." This only shows that the Revenue had conceded that the controversy before the court was covered by another judgment. The Supreme Court in this case, had no occasion to go into the correctness or otherwise of the judgment reported in Prabhat Sound Studios v. Additional Collector of Central Excise [1997] 107 STC 70; (1996) 88 ELT 635 (SC). 5.. For these reasons, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
