1997 (4) TMI 484

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....and the other for leasing of plant building and machinery with Hindustan Lever Ltd. (for short, "HLL") on November 11, 1983 for a period of five years. The period of agreements was subsequently extended up to 1993. In terms of the agreements, HLL supplied raw material to the petitioner. After converting the raw material into finished products, the petitioner used to return the same to HLL. 2.. The assessing officer did not feel satisfied with the returns filed by M/s. Stepen Chemical Ltd., for the year 1988-89. He, therefore, issued notice to the petitioner in form ST-XIV requiring it to produce books of account and other relevant documents. After considering the reply filed by M/s. Stepen Chemical Ltd., and hearing its representative, the....

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.... products and further that the property in goods remained with HLL and in fact no transfer of property in goods was involved. The second contention of Shri Sarin is that the Assessing Authority as well as the appellate authority and the Tribunal committed serious illegality in rejecting ST-XXII forms submitted by the petitioner. He argued that if the Assessing Authority felt that if ST-XXII declaration form was not acceptable, then it should have given opportunity to the petitioner to produce proper declaration for separate quarters. The learned Deputy Advocate-General argued that the processing agreement entered into between the petitioner and HLL falls within the amended definition of "works contract" and, therefore, Assessing Authority h....

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....iate ST-XXII declaration forms. Failure of the Assessing Authority to do so has resulted in grave injustice to the petitioner because by producing appropriate ST-XXII forms the petitioner could claim deductions under the provisions of the Act of 1948. 7.. A look at the orders passed by the appellate authority and the Tribunal shows that although the petitioner had specifically raised the plea of denial of proper opportunity to produce ST-XXII forms, the appellate authority and the Tribunal failed to deal with this aspect of the matter. The order passed by the appellate authority is extremely cryptic and arbitrary. That order does not contain any reason for rejecting the points raised in the appeal. Even the Tribunal has adopted a lope-sid....