2011 (8) TMI 1050

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.... ARUN TANDON J.-Heard Sri Kunwar Saksena, learned counsel for the assessee and learned standing counsel for the Department. The assessee by means of the present trade tax revision challenges the order of the Trade Tax Tribunal dated January 5, 2004 passed in Second Appeal No. 58 of 2003 (assessment year 2000-01) wherein the waste product, namely, fibre glass sheet cuttings were sold to the man....

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....red the submissions made by the learned counsel for the parties and have examined the records of the present trade tax revision. The Trade Tax Tribunal under the impugned order has accepted the contention raised on behalf of the Department and has come to a conclusion that the fibre glass sheet cutting sold by the assessee cannot be said to be of no value, in any case, the goods, as sold by the....

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....ss. The Division Bench in paragraph 13 has proceeded to hold that waste products of a manufacturer sold to another manufacturer either directly or through an intermediary will continue to retain the original character of waste product. For appreciating the controversy, it would be worthwhile to reproduce entry 29 of notification dated February 17, 2000 which reads as follows: Serial number ....

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....ctionaries, it appears, that waste product is a product that has gone waste in the manufacturing process or in other words what becomes waste for the manufacturer during the manufacturing process." The Division Bench in the case of J & J Enterprises [1996] 102 STC 51 (All); [1996] UPTC 471, in paragraph 13, has thereafter proceeded to hold that the waste products of a manufacturer sold to anoth....