https://www.taxtmi.com/caselaws?id=154722 Sales of discarded machinery, chemicals, scrap, empty drums and other unserviceable stores were not taxable as business sales where the Revenue failed to show that the assessee was carrying on a business in those goods. The controlling test for the assessment years in question was whether the transactions amounted to a continuing course of dealings with profit-motive, evidenced by volume, frequency, continuity and regularity; later statutory definitions of "business" did not apply. Mere recovery of value from discarded or surplus items, even if it reduced production costs or yielded substantial receipts, was insufficient without proof of an intention to trade in those materials. On the record, no such profit-motive was established, and the reference was answered in favour of the assessee. en-us Fri, 03 Jul 1987 00:00:00 +0530 Mon, 26 Aug 2013 17:13:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154722 Sales of discarded machinery, chemicals, scrap, empty drums and other unserviceable stores were not taxable as business sales where the Revenue failed to show that the assessee was carrying on a business in those goods. The controlling test for the assessment years in question was whether the transactions amounted to a continuing course of dealings with profit-motive, evidenced by volume, frequency, continuity and regularity; later statutory definitions of "business" did not apply. Mere recovery of value from discarded or surplus items, even if it reduced production costs or yielded substantial receipts, was insufficient without proof of an intention to trade in those materials. On the record, no such profit-motive was established, and the reference was answered in favour of the assessee. Case-Laws VAT and Sales Tax Fri, 03 Jul 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154722