ASHWANI KUMAR MISHRA,J. - (1.) A finding is returned by the Tribunal that assessee had issued debit note and deducted the amount equivalent to the goods supplied to the contractor, and therefore, such transaction would amount to a sale. Although the order of Tribunal is challenged, but learned counsel for the revisionist has not been able to show any perversity or error in the findings so recorded by the Tribunal. Once it is found that the assessee had issued debit note and had recovered amount from the amount payable to contractor, it would constitute a sale in view of the law laid down by the Apex Court in Karya Palak Engineer, CPWD, Bikaner v. Rajasthan Taxation Board, Ajmer and others, (2004) 7 SCC 195. Tribunal is correct in treating such amount as sale at the hands of assessee.
(2.) Revision accordingly has no force and is consigned to records.;