1984 (3) TMI 364

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....red as "the Act"), the Board of Revenue has referred the following question for the opinion of this Court: "Whether the sale of the machinery, iron or steel defectives or spare parts can be considered as 'business' within the meaning of section 2(cc) of the Rajasthan Sales Tax Act, 1954 (Act No. 29 of 1954)?" Shri Gopal Industries Limited, petitioner (hereinafter referred to as "the assessee....

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....d to this Court and this reference has been made. Shri S.M. Mehta, the learned counsel for the assessee, and Shri K.K. Sharma, the learned counsel for the Revenue, have invited our attention to the decision of the Supreme Court in District Controller of Stores, Northern Railway, Jodhpur v. Assistant Commercial Taxation Officer [1976] 37 STC 423 (SC) wherein the definition of the term "business"....

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....the clause (ii) of that definition. There can be no dispute that the legislature was competent to give retrospective effect to the definition of 'business' introduced by the amending Act." The aforesaid decision of the Supreme Court fully covers the present case. Shri Sharma has also invited our attention to the decision of the Madras High Court in Deputy Commissioner (C.T.), Coimbatore Divi....