2003 (7) TMI 677

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es Tax Act, 1956 (for short "the Act"). The assessment years concerned are 1985-86 to 1991-92. The respondentssessee is a Government owned company. It is engaged in the business of ship breaking at Bepore in Kerala. The materials gathered from the ship breaking are sold by the assessee, according to them, both by inter-State sales and by stock transfer/consignment sales. There is no dispute wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the assessee had obtained F form declarations and that the goods covered by the stock transfer are sold at Coimbatore and the same was assessed to tax under the Tamil Nadu General Sales Tax Act, 1959 are of no consequence. The first appellate authority has also confirmed the assessment in the appeal filed by the assessee. However, the Tribunal taking note of the fact that the assessee is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....see was distinguished without properly ascertaining the factual circumstances. We have heard the learned Government Pleader appearing for the petitioner and Sri. T.V. George, learned counsel appearing for the respondentassessee. On a perusal of the orders of the three authorities we find that the Tribunal has not considered the case of the department projected in the assessment order and the fi....