COMMISSIONER OF SALES TAX Vs. JISCO ENTERPRISES

JUDGEMENT

(1.) This order shall dispose of the S.T.R. No. 150 of 1998 and S.T.R. No. 151 of 1998, as both the references arise from the common order dated July 6, 1998.

(2.) By the common order dated July 6, 1998, passed by the Board of Revenue, Madhya Pradesh, Gwalior, the following questions of law have been referred for consideration of this Court:

(3.) The relevant facts, in a nutshell, are that for the period of assessment, i.e., October 25, 1984 to October 12, 1985 and November 3, 1986 to October 22, 1987 the non-applicant/assessee claimed exemption of purchase tax on purchase of M.S. scrap as it was converted into ribbed bar by some other party. It was found by the assessing officer that the assessee did not have any machine for conversion of M.S. scrap into ribbed bar. The conversion of this intermediate product to CTD bar was got done by the assessee. The period of exemption as per the certificate of eligibility dated September 28, 1985, was from May 26, 1985 to May 25, 1989.