1997 (10) TMI 388

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..... sed to that effect. While importing the machineries the assessee imported generator sets. The authorities argued that the said generating sets were machinery parts only and on that basis they taxed the assessee. The Tribunal considered the matter and held that it was not a machinery part but was a machinery itself as such they allowed the appeal of the assessee. 2.. The contentions raised by Mr. .....

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..... could be imposed. It was a different case as to whether a penalty could be imposed for importing generator set by furnishing form "C". The Supreme Court in the case of Commissioner of Income-tax v. Mir Mohammad Ali [1964] 53 ITR 165 has held that generating set is clearly a machinery. In that view of the matter, I hold that the petitioner has rightly issued "C" form and imported generating set. .....

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