TMI Blog2018 (9) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal once again considered the entire factual position and held that there was absolutely no evidence on the file of the Assessing Officer to come to a conclusion that there was a transfer of right in insulation material. The Assessing Officer does not dispute the fact that the Indian Oil Corporation had awarded a contract in favour of the dealer for construction of a petrol bunk. Thus, whatever material was utilized should be treated as a composite contract and the artificial splitting by the Assessing Officer is uncalled for. The Tribunal rightly dismissed the appeal filed by the Revenue - appeal dismissed - decided against Revenue. - Tax Case No.134 of 2018 - - - Dated:- 3-9-2018 - Mr. T. S. Sivagnanam J. For the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 11.6.2008 wherein it was alleged that there was a transfer of property in insulation material in the works contract executed by the dealer for the Indian Oil corporation, which does not fall within the definition of civil works contract. The assessee submitted a reply dated 25.6.2008 stating that the contract placed on them by the Indian Oil Corporation was only a pure civil contract for construction of new petrol bunk and that there was no scope for use of insulation material in civil contracts. It was further stated that by any stretch of imagination, it could not be under insulation contracts, as there was no involvement of any insulation material in their contracts. Though such explanation was given, the Assessing Officer, in a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsfer of property in insulation material. The dealer denied the allegation by stating that there was no involvement of insulation material in their contract. This explanation was not considered, but was rejected by a single line stating that the contention of the dealer was not found to be correct. Had the dealer filed a writ petition against the order dated 24.10.2008, this Court would have straight away quashed the same on the ground of non application of mind and also on the ground that the revision of assessment was devoid of reasons. 9. When the dealer carried the matter by way of appeal, the Appellate Authority found that there was nothing on the file of the Assessing Officer to show that there was insulation material involved i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
