1979 (8) TMI 191 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of the term "machinery" under a specific notification for sales tax assessment.

Analysis:
The judgment revolves around the interpretation of the term "machinery" under a particular sales tax notification. The main issue is whether an air blowing instrument, referred to as bhathi, falls under the category of machinery taxable at 6 per cent under Notification No. ST-7098/X dated 1st October, 1965, or should be considered an unclassified item for tax purposes. The assessee, a dealer in hardware and chemicals, contended that the air blowing instrument should be taxed at 2 per cent, not 6 per cent. The revising authority initially accepted this argument based on previous decisions in the assessee's favor for other assessment years.

Upon analysis, the court referred to precedents to define machinery. Citing the case of Engineering Traders v. State of U.P., the court emphasized that machinery includes instruments transmitting and modifying power, force, and motion, ranging from simple appliances to complex machinery used in industries. The court also referred to Commissioner, Sales Tax, U.P., Lucknow v. Chandok Traders, where a hair clipper was deemed machinery under a similar notification. Additionally, cases like Commissioner of Sales Tax v. Ramesh Prasad Batuk Prasad and Jackard Machinery Works v. Commissioner of Sales Tax, U.P., further supported the broad interpretation of machinery under the said notification.

Based on these precedents, the court concluded that the air blowing instrument qualifies as machinery as it transmits energy or force from one point to another, falling within the scope of the notification. Therefore, the sales of the air blowing instrument should be taxed at 6 per cent, not 2 per cent as claimed by the assessee. The court deemed the revising authority's decision as legally erroneous and allowed the revision with costs imposed on the assessee.

In summary, the judgment clarifies the definition of machinery under the sales tax notification, emphasizing that even simple appliances like the air blowing instrument can be categorized as machinery if they transmit and modify power, force, or motion. The decision provides a clear interpretation of the term "machinery" for tax assessment purposes, based on established legal precedents.