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    <title>2018 (5) TMI 278 - GUJARAT HIGH COURT</title>
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    <description>Steel plates purchased for an EPC pipeline works contract, when processed into steel pipes through job work, were treated as a distinct commercial commodity; the transaction was therefore taxable as a sale of the new product and not a resale of the original plates under the Gujarat Sales Tax Act, 1969. The contractual specifications on quality and source of materials did not create a separate contract for sale of plates, and the resale deduction was unavailable. On the penalty issue, non-payment of tax was not supported by any bona fide, legally sustainable belief, so the penalty under Section 45(6) was sustained.</description>
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      <link>https://www.taxtmi.com/caselaws?id=359714</link>
      <description>Steel plates purchased for an EPC pipeline works contract, when processed into steel pipes through job work, were treated as a distinct commercial commodity; the transaction was therefore taxable as a sale of the new product and not a resale of the original plates under the Gujarat Sales Tax Act, 1969. The contractual specifications on quality and source of materials did not create a separate contract for sale of plates, and the resale deduction was unavailable. On the penalty issue, non-payment of tax was not supported by any bona fide, legally sustainable belief, so the penalty under Section 45(6) was sustained.</description>
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