DEVKABAI VELJI (CRUSHER UNIT) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant writ petition has been preferred against the order dtd. 25/2/2020 and 5/1/2022 passed by the learned Commercial Taxes Tribunal, Jharkhand, Ranchi in Revision Case No. 30 of 2013, as well as Review Case No. JR 7 of 2020, respectively; whereby the revision petition and review petition of the petitioner have been rejected and the determination of sale price of Iron Ore sold by the petitioner on the basis of average rate of neighbouring mines in exercise of the powers under Sec. 35(7) read with Sec. 30(4) of the JVAT Act has been upheld.

(3.) The brief facts of the case as pleaded by the petitioner is that the petitioner is engaged in the business of mining and trading of iron ore, and Iron ore extracted from mines is known as "Run of Mines (ROM)" which requires further processing and screening. The premises of the petitioner does not have processing and screening facility and thus, only ROM was being sold by the petitioner. ROM includes Fines and Lumps and the grade of minerals found in petitioner's premises was less than 55% (Fe) content, which would be evident from survey report as contained in Annexure-4.