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TMI Blog2015 (3) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... ee's revision for the assessment year 1998-99 against the order of the Tribunal dated 23.2.2005. The questions of law referred to are hereunder:- I. Whether on the facts and circumstances of the case, the Tribunal was correct in holding that entry of 95 ½ drums of oversized Calcium Carbide sent for undersizing to M/s V.K. Carbide was not job work but it was sale, as entry regarding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l was correct in imposing tax on the empty drums sold by the applicant, whereas the applicant had furnished details of loss in regard to such empty drums sold for an amount of Rs. 1,66,973/- on which 5% tax was deposited ? V. Whether the Tribunal was correct in holding that in the month of March, the applicant had sold empty drums to the extent of Rs. 76,972/- of which return was filed in the mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lcium Carbide from the open market i.e. from one M/s V.K. Carbide and Gases Private Limited, Sikandrabad. For the manufacture of his product the assessee requires Calcium Carbide in its raw form in a certain size and when the raw material is supplied to it, if it is found to be of an oversize then it is sent back to the manufacturer of the raw material to break it into the appropriate size. One ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is question is concerned, there is no doubt that they may have a practice of making raw material into a certain shape and size but for the given year the quantity has not been assessed and the quantity, which has been referred to by the assessee is not identifiable in that year as a return as it was not found on the books. It has rightly been assessed to tax. The contention of the learned Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duce the original documents to establish the sale of empty drums, it may do so and thereafter, decide the matter in accordance with law within a period of three months from the date a certified copy of this order is being placed before it. Certified copy of this order may be produced before the Tribunal within a period of two weeks from today. With the aforesaid directions the revision stands dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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