1977 (2) TMI 46

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....so scrutinised the documentary supports made available. 2. The dispute involves two counts: Ist Court : Sales return : 13,303.20 @ 3% 5,958.40 . 19,261.60 . IInd Count: Rs. 25,569.80 sought to be assessed at 3 per cent instead of at 10 per cent on the plea that the involved goods are "declared goods". 3.(i) The sale for Rs. 13,303.20 was made on 29th Jan., 1971 to Hasmukhlal & Co. Bombay-4,. The goods were sent by Deepak Transports to Bombay. The documents of title (i.e.) were sent through Andhra Bank, Bombay. The consignee at Bombay did not honour the bill. This sale bill was accounted in the assessment for 1970-71 and taxes paid thereon. As the consignee did not take delivery, the appellants themselves took deli....

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....on in its publication B.S. 3179 Part-I 1959 on 'comparison of British and Overseas Standards for Steels' has (composition of silver steel, on page 12 as stated under : British Product Standard No. 1407 Bars (silver steel) Maximum % Minimum % Carbon (C) - 1.25 0.95 Silicon (SI) - 0.80 - Manganes (Mn) - 0.45 0.25 Sulphur (S) - 0.45 - Phosphorous(P) - 0.45 - Chromium 0.5% optional . . . From these details it is clear that 'silver steel' falls within the meaning of 'steel'. (iii) The BRITISH STANDARDS INSTITUTION in the standard for "WROUGHT STEELS" (Page 34) outline the chemical composition as under Chemical Composition . The steel shall contain ....

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....so for guide rods and adjusting pins in tool manufacturing and general engineering ejecting mandrels, surgical instruments, axles and shafts in precision machines, e.g., integrating meters, recording instruments, watches, appratues, business machines, etc." (v) Page 9 of K.E. Silver Steel : 'DRAWN' GROUND OR CENTRELESS TURNED STEELS' gives the following details about 'silver steels'. K.E. SILVER STEEL DRAWN, GROUND or TUNED Average Analysis : 1.20 per cent Carbon 0.40 percent Manganes, 0.40 percent Chrome. How would you define silver steel? It obtains its name not because of its association with the more precious metal, but solely on account of the silver-bright, smooth finish imparted to it by drawing, centreless grind....

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....ectrically melted material with extra ally content........." (vi) These details sufficiently show that 'silver steel' is one of the varieties of 'steel' according to standards. Even the catalogues of the Indian Suppliers to the appellant confirm the same fact. We accordingly hold that 'silver steels' as indicated in purchase invoices and dealt with by the appellants fall within the meaning and scope of 'iron and steel' in Entry 4 of the IInd Schedule to Tamil Nadu General ST Act. 'E.N. IA Free Steel' is claimed to be 'Wrought Steel'. The composition is analagous to that on page 34 of British Standards Institution publication and page 184 of Pobilers Steel from the materials placed before us we find that this is a categary of 'steel'. ....