2003 (4) TMI 590

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....mpany registered under the Companies Act having its registered office at Calcutta and has manufacturing unit at Renukut, where it is manufacturing Caustic Soda, Calcium Chloride, Finished Calcium Chloride and Solid C.P.W. etc. Admittedly, the assessee has got its branch offices/ Depots at Bombay, Delhi and Madras. In the relevant assessment year / e. for the Assessment Year 1991 -92 the books of account of the applicant were accepted, but the claim in respect of stock transfer was rejected by the Assessing Authority holding that the alleged stock transfer to Calcutta, Bombay, Madras and Delhi were, Infact, inter-State sale. It is relevant to state here that before filling assessment order detailed show cause notice was issued to the assesse....

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....ransfer or is inter-State sale is basically a question of fact and all the authorities after examining relevant records produced by the assessee, have granted necessary relief to the assessee. 6. Having considered respective submissions of the learned Counsel for the parties I am of the view that the matter should be remanded back to the Tribunal for decision on merits afresh. The Tribunal under Section 10 of the Act is the last fact-finding authority. It is well settled that the Tribunal being the last fact finding authority should have applied its independent mind to the respective contentions of the parties. A perusal of the memo of second appeal shows that the assessee has challenged the order of First Appellate Authority and submitted....