1996 (1) TMI 421

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....etitioner herein. The assessment year involved in this revision is 1979-80. The assessee is a dealer in machinery parts made of stainless steel. For the year 1979-80, the assessee declared a taxable turnover of Rs. 16,54,040. The Deputy Commercial Tax Officer determined it at Rs. 16,84,827 of which a turnover of Rs. 12,92,391 was assessed to tax at the rate of 10 per cent. The assessing officer wa....

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....ed that the Tribunal was not correct in holding that the disputed turnover relates to machinery mentioned under item 81 of the First Schedule. According to the learned Additional Government Pleader, the turnover relating to the spare parts sold by the assessee should be considered as articles made of stainless steel, falling under item 109 of the First Schedule prior to the amendment which came in....

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....1977 by amendment Act 7 of 1977 in the following manner: "All machinery (other that those specifically mentioned in this Schedule) worked by (i) electricity, (ii) diesel or petrol, (iii) furnance oil, (iv) kerosene, (v) coal including charcoal or (vi) any other form of fuel or power, and parts and accessories of such machinery and tools used with such machinery." According to the assessee....

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.... Schedule. The main difference between entries 109 and 81 is all machineries made of whatever material would come under entry 81 and according to item 109 all machineries made of stainless steel would alone come under this entry for consideration. It remains to be seen that after amendment it was clarified that spare parts made of stainless steel would not fall under item 81 of the First Schedule.....