GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2017 (5) TMI 129 - ALLAHABAD HIGH COURT

2017 (5) TMI 129 - ALLAHABAD HIGH COURT - TMI - Levy of VAT - steel wires - Tribunal was of the view that when steel rod is used to manufacture steel wires, then the product so manufactured would not be liable to be taxed under the provisions of the U.P. Trade Tax Act, as tax has already been paid upon purchase of steel rod - Held that: - It is admitted that steel wire is a distinct commodity brought into existence pursuant to manufacturing process undertaken. Since a new commodity has come into .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ut none appears for the assessee. Since the matter has remained pending since long, this Court is not inclined to adjourn the matter any further, and the revision is taken up for hearing. The Tribunal upon a circular issued by the Commissioner, Sales Tax, dated 4th March, 2002, has taken a view that when steel rod is used to manufacture steel wires, then the product so manufactured would not be liable to be taxed under the provisions of the U.P. Trade Tax Act, as tax has already been paid upon p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ined, and it is held that once by process of manufacture a new commodity comes into existence, the same shall be liable to be taxed under the provisions of U.P. Trade Tax Act, and would not be exempted. Paras 30, 33, 34 and 37 of report is reproduced:- "30. It is thus clear, that if the object of newly substituted clause (iv) of Section 14 of the Central Act was to make iron and steel taxable as one substance, the item could have been "Goods of iron and steel" or, to be more clear .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

clear, that the language used in entry no. (ix) is plain and unambiguous and that the items which are mentioned there are "tools, alloy and special steel". By using the words "of any of the above categories" in entry Nos. (ix) would refer to entries (i) to (viii) and it cannot and does not refer to entry no (xv). However, entry (xvi) of Clause (iv) would be included in entry (xvi) particularly within the expression now therein any of the aforesaid categories. Therefore, the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version