TMI Blog1974 (10) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... chinery parts or unclassified articles. The reference relates to the assessment year 1965-66. The assessee carries on business in handloom machinery and its parts besides charkha, etc. The assessing authority accepted the turnover disclosed by the assessee. Up to 30th September, 1965, the turnover was assessed at 2 per cent as an unclassified item. With effect from 1st October, 1965, it was assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... convert yarn into a piece of cloth. The various processes involved in the making of the cloth happen mainly because one portion of the article is manipulated manually. The question is whether this article could be termed "machinery" within the meaning of the aforesaid notification. The Act, or the Rules, or the notification do not define the term "machinery". It will be proper to understand it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inery" or its part because they transmit and transform force or energy from one point to another point and place. Since the commodity in question is machinery and its part, they could not be validly taxed as an unclassified item. The learned counsel for the assessee urged that the handlooms were liable to be assessed as timber products within the meaning of the notification dated 1st July, 1962. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|