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1999 (12) TMI 844

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....l, Additional Bench, Ernakulam (hereinafter referred to as "the Tribunal") held that the appropriate entry is at Sl. No. 182. 3.. Learned counsel for the assessee submitted that the approach of the authorities is erroneous. It was pointed out by him that for immediately succeeding year, the first appellate authority has taken a different view, and held that the rate of tax applicable is 8 per cent on the basis of entry at 119. 4.. Learned counsel for the Revenue contended that each assessment year is different, assessment unit and view has been taken by the appellate authority for subsequent year cannot help the assessee. 5.. In order to appreciate the rival submissions, it is necessary to set out the entries first. They read as follows:....

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...., business, profession, art or science, words have a special meaning in that context are understood in that sense. Such a special meaning is called the technical meaning to distinguish it from the more common meaning that the word may have. Lord Jowitt, L.C., has stated the rule as follows: "It is, I think, legitimate in construing a statute relating to a particular industry to give to the words used a special technical meaning if it can be established that at the date of the passing of the statute such special meaning was well understood and accepted by those conversant with the industry." As pointed by Lord Esher, M.R.: "If the Act is one passed with reference to a particular trade, business or transaction and words are used which eve....