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2002 (11) TMI 112

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..... - - - Dated:- 20-11-2002 - Syed Shah Mohammed Quadri and Arijit Pasayat, JJ. Arun Pednekar, S.S. Shinde and V.N. Raghupathy, Advocates, for the appellant. [Order]. - This appeal arises from the judgment of a Division Bench of the High Court at Bombay passed in Sales Tax Reference No. 1 of 1995, dated 22nd February, 1995. 2.The Maharashtra Sales Tax Tribunal referred the following ques .....

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..... uty Commissioner held that the process of conversion amounts to 'manufacture' within the meaning of Section 2(17) of the Act. Against the order of the Deputy Commissioner, the assessee went in appeal before the Maharashtra Sales Tax Tribunal. The contention of the assessee that converting boulders into 'gitti' does not involve any manufacturing process within the meaning of the Act, was accepted b .....

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..... pting any goods but does not include such manufacture or manufacturing processes as may be prescribed." 5.From a perusal of the definition, extracted above, it is clear that the processes of producing, making, extracting, alternating, ornamenting, finishing or otherwise processing, treating or adapting of any goods fall within the meaning of the term 'manufacture'. But it may be pointed out that .....

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..... 7.In view of the judgment of this Court in Lal Kunwa Stone Crusher (P) Ltd. (supra), with which we are in respectful agreement, we find no illegality in the impugned judgment of the High Court. In the view that we have taken, the judgment of the High Court of Madhya Pradesh in Kher Stone Crusher v. General Manager, District Industries Centre, Jabalpur Anr. (79 S.T.C. 149) cannot be treated as g .....

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