1978 (8) TMI 198 - HC - VAT and Sales Tax

Summary

Issues:
1. Tax liability of "pumping sets" as machinery under U.P. Sales Tax Act.
2. Taxability of stone "chakki ka patthar" and "rubber beltings" under the category of "mill stores and hardwares."

Analysis:
1. The court had previously held in a related case that "pumping sets" are taxable as "machinery parts." Therefore, the first question regarding the tax liability of "pumping sets" is answered accordingly.
2. The second question pertains to the taxability of stone "chakki ka patthar" and "rubber beltings" under the category of "mill stores and hardwares." The court referred to the Full Bench decision in Commissioner of Sales Tax, U.P. v. Ram Niwas Puskar Dutt, which established the principles for determining items falling within this category. The court relied on earlier decisions such as Commissioner of Sales Tax, U.P. v. Aftab Husain Imdad Husain and Fine Trading Corporation v. Commissioner of Sales Tax, U.P. to define "mill stores and hardwares." It was concluded that rubber beltings do not qualify as they are not tools or spare parts of machinery. However, stone "chakki ka patthar" was considered a spare part of the grinding machine, falling under the category of "mill stores." The court emphasized that only spare parts related to the mill stores trade would be classified as such to avoid overlapping categories.

In conclusion, the court answered the first question affirmatively regarding the tax liability of "pumping sets" as machinery parts. For the second question, the court ruled that stone "chakki ka patthar" is covered by the term "mill stores," while rubber beltings are not. The parties were directed to bear their own costs due to the partial success and failure in the judgment.