1973 (4) TMI 97

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.... during the assessment year 1964-65 purchased condemned railway coaches sold in auction by the railway department and also components of Nissen huts from the Director of Supplies and Disposals, Madras, also sold in auction. He later dismantled the condemned railway coaches as also the Nissen huts and sold the resultant timber and iron materials in bulk. The assessing authority proposed to assess t....

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....scrap and that, therefore, the assessee's subsequent sale of scrap should be treated as second sale. The Tribunal purported to follow the decision of this court in T.C. No. 17 of 1964. Therefore, the only question that has to be considered in this case is whether the turnover relating to the assessee's sale of scrap iron is a second sale as contended by the assessee or whether it is a first sal....

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....s contained in those condemned articles. In view of the fact that both the contracting parties had contemplated the dismantling of the coaches and huts and getting the resultant scrap for sale later by the buyer, it has to be taken that the railways as well as the Director of Supplies and Disposals had intended to sell only the scrap iron and the wooden scraps found in the condemned articles sold ....