BINJUSARIA METAL BOX COMPANY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS appeal arises on revision proceedings dated 07 -05 -2002 by the Deputy Commissioner (CT), Charminar Division. Relevant facts leading to this appeal run thus: M/s. Binjusaria Metal Box Company, Hyderabad (for short, 'the appellants') are manufacturers and sellers of Tin Containers and assessees on the rolls of Commercial Tax Officer, Lord Bazar (for short, 'the assessing authority') for the assessment year 1996 -97 under the APGST Act, '57 (for short, 'the Act'). Their assessment was finalized by the said assessing authority by order dated 02 -03 -1998. The net turnover contained a turnover of Rs. 26,00,020/ - relating to sales of scrap. The assessing authority exempted the said turnover from tax on the ground that the taxable event did not take place in the hands of the appellants and such event is last purchase point which is posterior transaction taxable not in the hands of the appellants. Taking objection to this, the Deputy Commissioner (CT)., Charminar Division revised the assessment fixing the Tin Scrap against Entry 172 of First Schedule to the Act taxable at 8 paise in the rupee in exercise of revisional power under Section 20(2) of the Act. Aggrieved by the said revision, the appellant preferred this appeal.

(2.) HEARD .

(3.) THE learned State Representative supported the impugned order but did not raise any objections on material evidence filed by the learned Counsel for the appellants.