1991 (12) TMI 267 - HC - VAT and Sales Tax

Summary

Issues:
- Whether the sale of "cables" to a person establishing a new industry is exempt from sales tax as per a specific notification.
- Whether the term "machinery" includes "cables" under the notification dated June 13, 1963.
- Interpretation of the term "machinery" in the context of the Rajasthan Sales Tax Act.
- Application of legal principles to determine if "cables" alone can be considered as "machinery" under the notification.

Analysis:
The judgment in question revolves around the interpretation of a notification dated June 13, 1963, which exempts the sale of machinery for setting up certain industries from sales tax. The primary issue is whether the sale of "cables" amounting to a specific value qualifies for this exemption under the notification. The notification specifies conditions for the exemption, including the sale to a manufacturer with a valid registration certificate and a declaration from the buyer regarding the intended industrial use.

The contention raised is whether "cables" fall within the definition of "machinery" as per the notification. The term "machinery" is not explicitly defined under the Rajasthan Sales Tax Act, prompting a reference to common parlance meaning or definitions from other sources. Legal precedents, including decisions from the Privy Council and the Supreme Court, provide guidance on interpreting the term "machinery." The court considers various definitions and case laws to determine the scope of the term in the present context.

The court emphasizes that for an item to be considered "machinery," it should form a part of a mechanical contrivance that generates power or serves a specific industrial purpose. The judgment cites examples where items like wires or cables were not classified as machinery unless they were part of a larger mechanical setup. The distinction between "plant" and "machinery" is highlighted, indicating that while cables may be considered plant, they do not qualify as machinery unless integrated into a mechanical system.

In the absence of evidence showing that the cables sold would be part of a machinery setup or would constitute machinery when assembled, the court rules that the sale of cables alone does not meet the criteria for exemption under the notification. The decision of the Sales Tax Tribunal is overturned, and the case is remanded for further examination on how the cables would be utilized to determine their classification as machinery. The judgment underscores the importance of assessing the functional role of the items sold to ascertain their eligibility for tax exemptions under specific notifications.