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1 - 10 of 14 (0.48 seconds)Indo International Industries vs Commissioner Of Sales Tax, Uttar ... on 25 March, 1981
16. He refers to CDJ 1981 SC 221 (M/s Indo
International Industries Vs. Commissioner of Sales Tax,
Uttar Pradesh). In this case controversy was, whether
hypodermic clinical syringes could be regarded as
"glassware" under Entry No. 39 of the First Schedule
to the U.P. Sales Tax Act 1948 ? The lordships, after
referring to the purpose for which hypodermic clinical
syringes were used, opined that, though the expression
'glassware', dictionary meaning means 'articles made of
glass', however, in commercial sense, glassware would
never comprise articles like clinical syringes,
thermometers, lactometers and the like which have
specialised significance and utility. Therefore in
popular or commercial parlance a general merchant
dealing in "glassware" does not ordinarily deal in
articles like clinical syringes, thermometers,
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lactometres etc., which articles though made of glass
are normally available in medical stores or with the
manufacturers thereof like the assessee in that case.
Ultimately, their lordships held that, the clinical
syringes, which the assessee manufactured and sold
cannot be considered as "glassware" falling under Entry
39 of the First Schedule of the Act.
Saraswati Industrial Syndicate Ltd vs C.I.T., Haryana, Himachal Pradesh, ... on 4 September, 1990
15. The learned counsel for the assessee relies
on several decisions. To contend that the High Court
is not entitled to make statements on technical matter,
without any material on record, he relied upon (1999)
237 ITR 1 (Saraswathi Industrial Syndicate Ltd. Vs.
Commissioner of Income Tax).
Mukesh Kumar Aggarwal & Ors vs State Of Madhya Pradesh & Ors on 18 December, 1987
19. He also relies upon (1988) 68 STC 324 (Mukesh
Kumar Agarwal & Co. Vs. State of Madhya Pradesh and
Others), to contend that common parlance test is to be
applied and not user test.
State Of Gujarat vs Indian Petrochemicals Corporation ... on 18 June, 1991
20. As against this, the learned Government
Pleader relies upon (1992) 86 STC 95 (State of Gujarat
Vs. Indian Petrochemicals Corporation Ltd.). In this
case, the question was whether linear alkyl benzene
(LAB) is a petroleum product or not. Their lordships
held that though linear alkyl benzene is manufactured
from kerosene and benzene, both petroleum products, has
to be treated as a petroleum product, unless it can be
shown that it ceased to be one after manufacture,
especially since persons dealing in the commodity treat
(LAB) as a petroleum product.
State Of Tamil Nadu vs Indian Eyelets Industries on 25 January, 1984
21. He relies upon (1984) 55 STC 354 (State of
Tamil Nadu Vs. Indian Eyelets Industries), wherein the
question arose before their lordships was whether
Fiksol - S.69 is a chemical, which attracts expression
"dyes and chemicals" in Entry 138 of First Schedule to
Tamil Nadu General Sales Tax Act . Their lordships
held that Fiksol - S.69 is an all purpose adhesive used
S.T. Rev. Nos. 486 &
560 of 2004
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for binding various surfaces such as leather, rubber
etc. though made of certain ingredients which are in
the form of chemicals, cannot be treated to be a
chemical by itself since the use of the product was
adhesive for binding purpose, therefore any chemical
effect or result in any change cannot be the
criterion, ultimately held that, it would not attract
the expression "dyes and chemicals".
State Of A.P. vs General Electronic Corporation on 16 June, 1999
18. He places reliance upon (2000) 118 STC 514
(State of A.P Vs. General Electronics Corporation),
wherein their lordships had an occasion to consider
what exactly M-seal means, whether, it is an adhesive
or not. Ultimately, it was held M-seal is not an
adhesive and it is not covered by Entry 191 of the
First Schedule to the Andhra Pradesh General Sales Tax
Act of 1957. According to them, it was used as a
blocking agent to block the leakages of liquids and is
covered by Entry general goods.
Andhra Pradesh General Sales Tax Act, 1957
State Of Kerala vs Joseph Antony ( Sawant, J.) on 2 November, 1993
[State of
Kerala Vs. Shaji Joseph) is upheld and we overrule the
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view of the Division Bench in the unreported decision
dated 29.10.2004 in TRC No. 359 of 2002 and connected
matters.
Commissioner Of Income Tax, New Delhi vs D.L.F. United on 12 January, 1999
2.(2000) 243 ITR 855 (Commissioner of
Income Tax Vs. D.L.F. United)