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1986 (9) TMI 396

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....l under item 116 of the First Schedule to the Kerala General Sales Tax Act and can be taxed at 8 per cent. This plea put forth by the assessee was not accepted by the Appellate Assistant Commissioner and also by the Appellate Tribunal. The appeals filed by the assessee were dismissed. The assessee has come up in revisions. 2.. The learned counsel for the assessee contended that the Tribunal was in error in holding that the turnover of tin plates and tin sheets, etc., by the assessee, can be taxed at 8 per cent under item 116 of the First Schedule to the Kerala General Sales Tax Act. It was contended that the Tribunal was in error in holding so. It was further contended that the Tribunal ignored the bills and other specimen cuttings of the ....

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....gs of the Tribunal, the conclusion arrived at, is, in any way, erroneous. It was for the appellant to adduce proper evidence, whether oral or documentary, to substantiate the plea that the turnover relating to tin sheets, tin plates, etc., dealt with by it, will not fall under item 116 of the First Schedule, but will fall only under item 3(ii)(i) of the Second Schedule to the Kerala General Sales Tax Act. If, as stated by the Appellate Tribunal, no documentary evidence was adduced and there was no material to substantiate the plea, it is not possible to say that the decision of the Appellate Tribunal is, in any way, erroneous. We are of the view that no interference is called for in these two revisions. 4.. But counsel for the revision pe....