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Issues: Whether a Massey-Ferguson farm tractor sold by the assessee was agricultural machinery within entry 12 of Schedule C to the Bombay Sales Tax Act, 1959 and liable to tax accordingly.
Analysis: A tractor may have several possible uses, but where the evidence shows that the particular model is specially designed and adapted for agricultural work, its essential character is to be determined by its design, mechanism, special features and suitability for farm operations. The material on record, including the manufacturer's certificate, brochures, pamphlets and the price control order, showed that the tractor was made for farm use, was widely used in agriculture and had features such as adjustable axle, hydraulic control and the 3-point hitch that made it specially fit for agricultural operations. Occasional capability for non-agricultural use does not alter that essential character. The contrary view based on general tractor usage or the absence of proof that other tractors had similar features was rejected as irrelevant on the facts.
Conclusion: The tractor was held to be agricultural machinery within entry 12 of Schedule C, and the question was answered in the affirmative in favour of the assessee.