BHARJATIYA STEEL INDUSTRIES Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT manufactures Steel Ingots. It purchased iron scrap from the railways in public auction. Iron scrap is melted and converted into the finished products. Appellant had been accorded recognition under Section 4-B (2) of the U. P. Trade Tax Act (for short "the Act") in terms whereof it became entitled to purchase raw-materials for manufacturing purpose at a concessional rate of tax. In the year 1985-86, it purchased 2532. 989 M. T. of iron scrap. Allegedly, the lots contained various categories of iron scraps as it was purchased on "as is where is basis". Appellant allegedly was not allowed to sort out the scrap at the time of purchase as the conditions specified therein were :

(3.) AN appeal preferred thereagainst before the Deputy Commissioner (Appeals) was dismissed by an order dated 8. 02. 1991. An appeal to the tribunal preferred by the appellant was, however, allowed by an order dated 29. 04. 1993, stating: