9911796707
TMI Blog2013 (8) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... hout a form. 2. The case of the assessee is that, they are in the business of manufacturing medicinal products on job-work for other dealers at its manufacturing plant located at Kotur, Dharwad on Poona-Bangalore Road. The assessee had entered into an agreement dated November 6, 1997 with M/s. Cosme Pharma Ltd., Goa, for manufacture of pharmaceutical products such as Diaformin 500 mg., Diaformin 850 mg., Mazarol tablets 14's, etc. This agreement is reduced into writing. For the periods of 2003-04 and 2004-05, the assessee filed its return on turnover claiming exemption in respect of the manufactured goods on job-work basis. As there was no element of sale involved in the job-work undertaken by them, they are claiming exemption of payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransfer involved in this case, which attracts filing of form F. It is a case of undertaking job-work. In support of their case, they have produced the agreement entered into between the parties and also the payment particulars, which shows that there was no transfer of stock and therefore, he submits that the impugned order requires to be set aside. 4. Per contra, the learned Government Advocate supported the impugned order. 5. In the light of the aforesaid facts and rival contention, the point that arises for our consideration is as under : "Whether the revisional authority was justified in setting aside the order of the appellate authority holding that the transaction in question is a stock transfer ?" 6. The material on record disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e transaction in question is a case of stock transfer attracting section 6A of the CST Act or is a case of job-work. It is based on a finding on this issue, the law is to be applied. In those circumstances, we deem it proper to set aside all three orders and remand the matter back to the assessing authority to adjudicate the aforesaid issue after giving full opportunity to both the parties. That would meet the ends of justice. 8. Hence, we pass the following: ORDER (i) The orders passed by the revisional authority, appellate authority and the original authority are hereby set aside. (ii) The assessing authority shall proceed to reassess and adjudicate the aforesaid issue and then pass appropriate orders after giving reasonable opportuni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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