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    <title>2005 (1) TMI 684 - Supreme Court</title>
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    <description>Where plant and machinery are permanently embedded in the earth and the transaction, read as a whole, transfers a business as a going concern, the machinery may be treated as immovable property conveyed under the deed and included in the stamp-duty value. The decisive test is the intention behind the embedding and the manner of transfer, not merely the separate identity of the equipment. Valuation accepted by the revenue authorities was also treated as a factual determination based on relevant material, and was not interfered with absent prejudice, arbitrariness, or lack of evidence.</description>
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      <description>Where plant and machinery are permanently embedded in the earth and the transaction, read as a whole, transfers a business as a going concern, the machinery may be treated as immovable property conveyed under the deed and included in the stamp-duty value. The decisive test is the intention behind the embedding and the manner of transfer, not merely the separate identity of the equipment. Valuation accepted by the revenue authorities was also treated as a factual determination based on relevant material, and was not interfered with absent prejudice, arbitrariness, or lack of evidence.</description>
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