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    <title>2009 (2) TMI 751 - KARNATAKA HIGH COURT</title>
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    <description>Superior kerosene oil purchased at concessional rate against form 37 qualified as an eligible input under section 5A of the Karnataka Sales Tax Act because it was used as a consumable and catalyst in melting and mixing bitumen, jelly and chemicals to produce bitumen mixture or asphalt. The process resulted in a commercially distinct product fit for road laying, satisfying the manufacture test. As the input was used in manufacture and the resulting mixture was deployed in works contracts, there was no contravention of section 5A(3)(iii), and penalty for alleged misuse of the declaration form could not be sustained.</description>
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      <link>https://www.taxtmi.com/caselaws?id=163876</link>
      <description>Superior kerosene oil purchased at concessional rate against form 37 qualified as an eligible input under section 5A of the Karnataka Sales Tax Act because it was used as a consumable and catalyst in melting and mixing bitumen, jelly and chemicals to produce bitumen mixture or asphalt. The process resulted in a commercially distinct product fit for road laying, satisfying the manufacture test. As the input was used in manufacture and the resulting mixture was deployed in works contracts, there was no contravention of section 5A(3)(iii), and penalty for alleged misuse of the declaration form could not be sustained.</description>
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