2015 (3) TMI 387

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e's revision for the assessment year 1998-99 against the order of the Tribunal dated 23.2.2005. The questions of law referred to are hereunder:- I. Whether on the facts and circumstances of the case, the Tribunal was correct in holding that entry of 95 ½ drums of oversized Calcium Carbide sent for undersizing to M/s V.K. Carbide was not job work but it was sale, as entry regarding the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was correct in imposing tax on the empty drums sold by the applicant, whereas the applicant had furnished details of loss in regard to such empty drums sold for an amount of Rs. 1,66,973/- on which 5% tax was deposited ? V. Whether the Tribunal was correct in holding that in the month of March, the applicant had sold empty drums to the extent of Rs. 76,972/- of which return was filed in the mont....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cium Carbide from the open market i.e. from one M/s V.K. Carbide and Gases Private Limited, Sikandrabad. For the manufacture of his product the assessee requires Calcium Carbide in its raw form in a certain size and when the raw material is supplied to it, if it is found to be of an oversize then it is sent back to the manufacturer of the raw material to break it into the appropriate size. One o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s question is concerned, there is no doubt that they may have a practice of making raw material into a certain shape and size but for the given year the quantity has not been assessed and the quantity, which has been referred to by the assessee is not identifiable in that year as a return as it was not found on the books. It has rightly been assessed to tax. The contention of the learned Counsel f....