TMI Blog2016 (11) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... - on mere presumptions, the assessing authority could not be permitted to bring to tax the articles which had been transferred in the execution of the works contract. Surprisingly however, after having held that the assessing authority had clearly erred in proceeding on a mere assumption that 60% of the value of the articles alone had been utilized in the execution of works contract it has proceeded to hold that 75% of the value of the articles in question were liable to be apportioned towards the temporary establishment whereas 25% of the value of the articles in question were liable to be attributed to the execution of the works contract. Insofar as the benefit of articles which are covered by Sections 3,4 and 5 of the Central Sales Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Payments made to sub-Contractors (h) U.P. Tax paid purchases (i) Site Establishment Expenses (j) Consumables (k) Maintenance Charges in respect of Plant Machinery (l) Material covered by section 3/ 4/5 of the Central Sales Tax Act. That the appellant has kept detailed accounts of the expenditure incurred in execution of works contract. The taxability chart u/s 3-F filed before the assessing authority is as under:- Total Receipts ₹ 33,97,84,503 Less: Deductions u/s 3-F of UPTT Act 1948 (g) Tax paid purchases ₹ 1,85,58,224 (h) Payments made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contract or not. It accordingly proceeded to hold that on mere presumptions, the assessing authority could not be permitted to bring to tax the articles which had been transferred in the execution of the works contract. Surprisingly however, after having held that the assessing authority had clearly erred in proceeding on a mere assumption that 60% of the value of the articles alone had been utilized in the execution of works contract it has proceeded to hold that 75% of the value of the articles in question were liable to be apportioned towards the temporary establishment whereas 25% of the value of the articles in question were liable to be attributed to the execution of the works contract. Insofar as the benefit of articles which are cov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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