2013 (8) TMI 861

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....ss tax on stock transfer of medicine without a form. 2. The case of the assessee is that, they are in the business of manufacturing medicinal products on job-work for other dealers at its manufacturing plant located at Kotur, Dharwad on Poona-Bangalore Road. The assessee had entered into an agreement dated November 6, 1997 with M/s. Cosme Pharma Ltd., Goa, for manufacture of pharmaceutical products such as Diaformin 500 mg., Diaformin 850 mg., Mazarol tablets 14's, etc. This agreement is reduced into writing. For the periods of 2003-04 and 2004-05, the assessee filed its return on turnover claiming exemption in respect of the manufactured goods on job-work basis. As there was no element of sale involved in the job-work undertaken by ....

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....ned order, contends that there is no stock transfer involved in this case, which attracts filing of form F. It is a case of undertaking job-work. In support of their case, they have produced the agreement entered into between the parties and also the payment particulars, which shows that there was no transfer of stock and therefore, he submits that the impugned order requires to be set aside. 4. Per contra, the learned Government Advocate supported the impugned order. 5. In the light of the aforesaid facts and rival contention, the point that arises for our consideration is as under : "Whether the revisional authority was justified in setting aside the order of the appellate authority holding that the transaction in question is a s....