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of <h1>Court orders Tribunal to reevaluate sale of empty drums, allows assessee to provide original documents for verification</h1> <h3>M/s Jain Bro Gas Refilling Pvt. Ltd. Versus The Commissioner Of Trade Tax</h3> M/s Jain Bro Gas Refilling Pvt. Ltd. Versus The Commissioner Of Trade Tax - TMI Issues:1. Classification of oversized Calcium Carbide as job work or sale.2. Rejection of books of account and imposition of tax on empty drums sold.3. Purchase of Calcium Carbide under Section 3AAAA of the Act.Issue 1:The main issue in this case pertains to the classification of oversized Calcium Carbide sent for undersizing as either job work or sale. The assessee argued that the raw material was sent back to the manufacturer for resizing, which should not be considered a purchase. However, the Tribunal assessed the quantity as a purchase since it was not recorded in the assessee's books. The contention that concessions were given to the manufacturer was not supported by the facts and findings of the case. The Tribunal upheld the assessment, ruling that the quantity in question was rightly taxed as a purchase.Issue 2:Another point of contention was the sale of empty drums by the assessee. The Tribunal was presented with photostat bills showing the sale of drums to various parties. The assessee argued that selling a full drum for a nominal price was unreasonable. The Tribunal, being the final fact-finding authority, did not delve into the matter thoroughly and did not request original bills for verification. The High Court directed the Tribunal to reconsider this issue, allowing the assessee to produce original documents within three months for a proper examination.Issue 3:The final issue revolved around the purchase of Calcium Carbide under Section 3AAAA of the Act. The Tribunal confirmed the purchase amount, but the High Court did not provide detailed analysis or modifications regarding this issue in the judgment.In conclusion, the High Court disposed of the revision with directions for the Tribunal to reconsider the sale of empty drums issue, allowing the assessee to present original documents for verification within a specified timeframe. No costs were awarded in this judgment.
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