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TMI Blog2008 (7) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... t books has been upheld by all the three authorities below. The assessed turnover has been reduced by the Tribunal by the order under revision. In the memo of revision, the following questions of law have been framed: (i) Whether the honourable Trade Tax Tribunal is legally justified in reducing the turnover and rate of tax on electric wire made of copper and aluminium whereas the assessing authority has assessed the turnover on the basis of evasion detected on the survey dated November 25, 1983 and imposed the tax at the rate of 12 per cent as the dealer has manufactured the electric wire made of aluminium and copper? (ii) Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal has properly utilized the materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding of the Tribunal reducing the estimated turnover. In this view of the matter, I do not find any justification to interfere with the order of the Tribunal estimating the suppressed taxable turnover. Then, it was urged that the Tribunal was not justified under law to levy the tax on aluminium and copper wires at the rate of four per cent on the turnover Rs. 1,50,000, treating it as a "metal". Learned standing counsel submits that aluminium and copper wires are not included in the notification relating to "metal". In this connection, reliance was placed on notification No. 5785 dated September 7, 1981 (Sl. No. 3). The said notification reads as follows: Sl. No. Description of goods Point of tax Rate of tax 3 All kinds of mineral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 having been set aside by the Supreme Court, the basis on which the Tribunal proceeded stood knocked off and it has to be held that aluminium sheets and circles were to be treated as unclassified items and not as metal." It may be noticed that the Tribunal while granting relief to the dealeropposite party had relied upon judgment in the case of Devi Dayal Aluminium Industries Pvt. Ltd. [1992] UPTC 115 which has been set aside by the Supreme Court in the case of Hindustan Aluminium Corporation Ltd. [1981] 48 STC 411; [1981] UPTC 1249. In view of the above discussions, I find sufficient force in the argument of the learned standing counsel that the commodity in question was liable to be taxed as unclassified item as was taxed by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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