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TMI Blog1999 (12) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... een assailed in this petition. The petitioner entered into a lease and licence agreement for use of the premises and machinery of factory. It was contended that the plant and machinery are fixed in the building and, therefore, being immovable property tax cannot be levied. The Tribunal found that it is a composite contract wherein separate lease amount cannot be determined for the purpose of arri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act, 1957 as under: " 'goods' means all kinds of movable property (other than newspapers, actionable claims, stocks and shares and securities) and includes livestock, all materials, commodities and articles (including the goods as goods or in some other form) involved in the execution of a works contract or those goods to be used in the fitting out, improvement or repair of movable property, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave to be embedded in the earth so as to make it as immovable property. If at the time of entering into an agreement, the right to use is given of a movable property, i.e., the goods, then there would be liability of tax under section 5C. But if at the time of entering into an agreement the machinery itself is an immovable property then it will be beyond the scope of the goods as defined under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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