2010 (9) TMI 1201

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....ssee and the learned standing counsel for the department. 2. This is assessee's revision for the Assessment Year 2004-05 against the order of the tribunal dated 22nd August, 2009 By the impugned order, the tribunal has imposed tax on the assessee for alleged sale of cotton in the shape of cotton itself. 3. The facts of the case are that the assessee is a firm engaged in the business of manuf....

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....urse of the assessment proceedings, sufficient evidence was adduced to establish that cotton, which was purchased, was subsequently converted into cotton material and thereafter into cotton yarn. 7. The assessee has placed on record a supplementary affidavit showing certain entries and certain registers and has controverted that the material was there before the department at the stage of assessm....

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....therefore of the view that the matter needs to be reconsidered. 10. I therefore remand the matter back to the tribunal to reconsider the evidence, which is already there on record before it to especially examine as to whether the cotton which was purchased was ultimately converted into khadi material or not. The tribunal will record specific finding with regard to this after giving to the assesse....