9911796707
TMI Blog1996 (9) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... al levy at four per cent as per Notification in G.O.P. No. 1316, dated October 7, 1988 or would attract higher rate of tax at eight per cent. For the year 1991-92 the assessing officer by an order dated December 15, 1992 declined the concessional rate of tax at four per cent and treated the paper cones and tubes as packing materials and not as textile machinery part. The petitioner preferred an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxable at five per cent multi-point up to March 31, 1990 and thereafter it is taxable at eight per cent single point as per Special Commissioner and Commissioner (CT), Ref. No. Acts Cell-I/99910/93, dated December 2, 1993. Objections, if any, to the above proposals were directed to be filed within 15 days. Such objections were filed by the petitioners. By orders dated March 9, 1995 the objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s which are removable." 4.. Thiru P. Radhakrishnan, learned counsel for the petitioner submits that the Joint Commissioner (SMR) had exceeded his jurisdiction by not giving effect to the notification dated October 7, 1988 which gives a concessional rate of levy for textile machinery spares including cones and tubes. There is no restriction that the cones and tubes should be metallic cones and tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication granting concession and there is no restriction that the cones and tubes should be made of metals or that the cones and tubes should be made permanently embedded in the machinery, there is no justification for agreeing with the conclusion of the Joint Commissioner that metallic cones and tubes alone will be eligible for concessional rate of tax and not paper cones and tubes. The order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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