TMI Blog2006 (11) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessment years 1988-89 and 1989-90. Applicant is a company incorporated under the Indian Companies Act, 1956 having its registered office at Naini, Allahabad. Applicant was engaged in the business of designing, fabricating, erecting and commissioning steel structural, including T. V. towers. In the years under consideration, applicant had executed various works contract in the State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompleted and not at the stage when the various items have been used in the execution of the works contract. He further submitted that the goods used were iron and steel, which were purchased within U.P. after payment of tax, therefore, they were not liable to tax. Learned Standing Counsel submitted that since the goods have been used in the execution of the works contract in the years under con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the works contract has been included within the ambit of sale. In view of the constitutional amendment, the definition of section 2(h) has also been amended under the U.P. Trade Tax Act. Section 2(h) of the Act, which defines sale, includes value of the goods involved in the execution of the works contract . Therefore, by fiction, the value of the goods involved in the execution of the wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the final bill is prepared for the entire work . The argument of the learned counsel for the applicant that since iron and steel were purchased within the State of U.P. on payment of tax, therefore, the structure made out of said iron and steel cannot be subjected to tax, cannot be accepted. The Tribunal has recorded a categorical finding of fact that the items, which were used in the executi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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