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    <title>2019 (4) TMI 925 - BOMBAY HIGH COURT</title>
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    <description>A belated ground requiring factual investigation cannot be entertained in appeal where the necessary material is not on record and no request is made to adduce further evidence; the Tribunal&#039;s refusal to consider the Exim Scrips issue was therefore upheld. On classification, plastic powder was held not to be a &quot;chemical&quot; under Notification entry 39 of the Bombay Sales Tax Act on the common parlance test, but a raw material. As the assessee was not entitled to issue T/TT declarations, breach of the declaration conditions attracted purchase tax under section 41(2), and the levy was sustained.</description>
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      <description>A belated ground requiring factual investigation cannot be entertained in appeal where the necessary material is not on record and no request is made to adduce further evidence; the Tribunal&#039;s refusal to consider the Exim Scrips issue was therefore upheld. On classification, plastic powder was held not to be a &quot;chemical&quot; under Notification entry 39 of the Bombay Sales Tax Act on the common parlance test, but a raw material. As the assessee was not entitled to issue T/TT declarations, breach of the declaration conditions attracted purchase tax under section 41(2), and the levy was sustained.</description>
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