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15 honble supreme court in the case of commissioner of sales tax, u.p. vs. lal kunwa stone crushertd., air 2000 sc 1161 had an occasion to deal withuestion as to whether gitti, stone chips and dust continue to be stone or on crushing stone boulders into gitti, stone chips and dust different commercial goods emerge so as to attract.
The majority found that the processing of the quarried rock did not commence until it was placed in the crusher and, consequently, held that the equipment, supplies and repairs used in the hauling crude stone and stocking out steps were not directly used in the direct processing of the stone because no direct processing occurred during the transportation, i.e. the stone did not.
All the writ petitioners supported the judgment of uttarakhand high court dated 01.07.2004 in ms kumaon stone crusher wherein, the high court has held that no levy of transit fee can be made on the finished items of stone i.e. stone grits, sand grits amp chips etc.
The assessing authority rejected the contention of the dealer. on appeal, the assistant commissioner of sales tax noticed that the trader had neither manufactured gitti nor has sold it having crushed boulders into small stones and dust. he is of the view that tax was not attracted on both the transactions.
Lal kunwa stone crushertd., 2000cc 525, though, inifferent context, but one of the contentions before the supreme court, based on the said definition, was that the definition used for the purpose of manufacture in the act makes it very clear that every activity in relation to goods not only altering the same, but also.
25 the view expressed in this judgment is also abundantly fortified by the decision of honble apex court in kumaon stone crushers supra, in which, it has been held that the crushing of stones, stone boulders into stone grits, stone chips and stone dust does not result intoew commodity different from forest produce and the crushed materials.
Further he has stated that crushed quartz stone is to be classified under chapter heading no. 2506 and to be taxed atnder gst. he stated that crushed quartz stone on standalone basis cannot be used asining of furnace and qualify the tariff head no. 2506 and gst rate of 5. 5. findingsnalysis and conclusion.
It held that the character of forest produce is not lost by such crushing of the stone. high court of uttarakhand has takenontrary view in its judgment dated 01.07.2004 in kumaon stone crusher supra, as noted above. 62. learned counsel for the writ petitioners have relied on few judgments of this court which need to be noticed.
Correspondence the registrar, supreme court of india, tilak marg, new delhi110001 ,23388942 fax ,23381584 email supremecourtatnicdotin.
Decided 03181962. supreme court of oklahoma. crushed stone co., inc.,orporation, and harry t. pratt, plaintiffs in. error, v. vernon moore, lucille ruddle, carl smeltzer, h.d. mabry, lewis kinney, alvin l. sullivan, c.h. hardcastle, ted s. smith, and lawrence r. eubanks, defendants in.
The allahabad high court, in its judgment in kumar stone works supra decided on 27.04.2005 has givenetailed reasoning for not accepting stone grits, stone chips and stone dust asew commodity. it held that the character of forest produce is not lost by such crushing of the stone.
25 most important supreme court judgements. sc contented that there was no violation of fundamental rights enshrined in articles 13, 19, 21 and 22 under the provisions of the preventive detention act, if the detention was as per the procedure established by law. here, the sc tookarrow view of article 21.
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It held that since the activities of the assessee involved excavation of boulders from mountains and river beds and crushing the same into grits stone chips powder, which are commercially marketable commodities, the ratio of the judgement rendered in the case of a.b. chemicals, decided by the tribunal, applies and, accordingly, held that the activities, as.
Although the court of appeals agreed with the trial court that the trucks and other transportation devices used by appellees to transfer the crude stone to the crusher and from the crusher to the stockpiles are an essential and integral part of the procedures by which the unquarried stone is transformed intoarketable product, it considered.
Sri v.k singh learned senior advocate assisted by sri s. shekhar vehemently argued that after crushing stones, boulder and rocks etc. the ultimate products resulted from crushing are.
1 judgment dated 01.07.2004 in writ petition no. 1124 of 2001, ms kumaon stone crusher vs. state of u.p. amp ors. giving rise to civil appeal arising out of slp no. 19445 of 2004, state of uttaranchal amp ors. vs. state of kumaon stone crusher and civil appeal arising out of slp no. 26273 of 2004, the state of u. p. amp ors. vs. ms.
Mauritius, includingtonecrushing plant at bambous, close to the bsd site. ubp appealed against the ministers decision to the tribunal. ubp took issue in particular with the incursion of the proposed development into the 1km buffer zone, as shown in the development management map of the black river outline planning scheme,.
Shri dinesh dwivedi, learned senior counsel questioning the judgment dated 01.07.2004 of uttarakhand high court in ms. kumaon stone crusher vs. state of uttarakhand, submits that boulders crushed into grits retain same characteristic that is forest produce. by obtaining grits, stone chips and dust no new material is obtained.
6. in the instant case, boulder, which istone, would remaintone even after it is crushed and converted into gritsstone chipspowder. the activity of converting boulder into grits stone chips powder may not beanufacturing activity, but since such activity would be producing grits stone chips powder, the same would be production. 7.