2003 (6) TMI 450

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....other than civil contracts was 5 per cent. The assessing authority while processing the accounts found that the assessee had issued form 18 declaration and purchased raw materials at the concessional rates provided under section 5(3) of the Act. The assessing authority on that basis issued pre-assessment notice wherein he had proposed to disallow the claim at the concessional rate and to levy the differential rate of tax as provided under section 5(3)(ii) of the Act. The assessee filed objection to the above. After considering the same the assessing authority issued a revised pre-assessment notice accepting the claim under section 5(3) but proposed to reject the claim of works contract and to tax the entire turnover at the scheduled rate. T....

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....ate Tribunal is justified in confirming the rejection of the claim of concessional rate for purchase of raw material by the SSI unit for use in works contract? 2.. Whether on the facts and circumstances of the case and having allowed the concessional rate in the assessment order itself is the Appellate Tribunal justified in disallowing the claim which has been granted by the assessing authority. Is not the direction without jurisdiction?" The said questions, it must be noted, are in relation to the rejection of the claim of concessional rate in respect of purchase of raw material by the assessee for use in the works contract. The minimal facts required for adjudication of the questions are as follows: As already noted, the assessee had ....

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....osing to deny the benefit of concessional rate under section 5(3) and to levy the differential rate of tax under section 5(3)(ii) was proper. Before embarking upon an enquiry on the said question it will be useful to note that the provisions of section 5(3)(ii) of the Act was inserted by Act 13 of 1993 only with effect from April 1, 1993 and that the assessment years concerned are 1989-90, 1990-91 and 1991-92 in respect of which the said amendment has no application at all. Neither the assessing authority nor the Tribunal had noted the said crucial aspect. However, since the assessing authority had dropped the proposal the omission to notice this did not cause any prejudice to the petitioner. However, from the order of the Tribunal which ha....