ATLAS CYCLE INDUSTRIES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of General Sales Tax References Nos. 9 to 12 of 1971. In all these references, the following two questions of law have been referred for our opinion :

(2.) THE Financial Commissioner declined to refer the said questions of law and on an application made by the assessee under Section 22 (2) of the Punjab General Sales Tax Act, 1948, this court directed the Sales Tax Tribunal to refer the said questions of law for the opinion of this court.

(3.) THE assessee, Messrs. Atlas Cycle Industries Ltd. , Sonepat, is engaged in the business of manufacture of cycles and their parts for sale. During the manufacturing process certain waste material, such as scrap iron, is produced. This material is sold by the assessee. In the returns for the assessment years 1957-58, 1958-59, 1959-60 and 1960-61, the assessee did not show in his gross turnover the sale of this waste material, on the ground that the sale of this material was not their regular business and that in the past also they were not showing such sales in their gross turnover.