ASHWANI KUMAR MISHRA,J. - (1.) The first appellate authority as well as the Tribunal have concurrently held that the assessee has purchased iron sheets and has sold it as such, by cutting it into smaller pieces, out of it, without undertaking any processing or treatment, and as such, it does not come within the ambit of manufacturing of goods so as to attract liability of tax.
(2.) Aggrieved by this order, revisionist has preferred the present revision, placing reliance upon the judgment of the Apex Court in CST v. Union Metal Traders, reported in 41 STC, 768 . It is pointed out that the Hon'ble Supreme Court was seized of a matter in which scrap of ship wreck was purchased and thereafter by cutting it into smaller pieces, the assessee had sold it, which was treated to be manufacture. Learned counsel submits that in such circumstances, the view taken by both the authority are not in accordance with law as laid down by the Hon'ble Apex Court.
(3.) I have heard learned Standing Counsel and have also perused the materials available on record.;