TaxTMI 
TaxTMI 
2024 (4) TMI 369
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....d by the revisionist assailing the order dated March 20, 2023 passed by the Tribunal. 3. This revision petition has been admitted on the following questions of law : "(i) Whether on the facts and circumstances of the case, the Commercial Tax Tribunal was legally justified in affirming the order of the first appellate authority that turnover amounting to Rs. 1,33,20,839/- of old machinery and equipment after the closure of business is not exigible to tax by ignoring the amended provisions of the term of "Business" as contained in Clause (iv) of Section 2(e) of the U.P. VAT Act, 2008 which had been brought on the statute book from 26.05.2014 by U.P. Act No.33 of 2014? (ii) Whether on the facts and circumstances of the cas....
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....i) the execution of any works contract or the transfer of the right to use any goods for any purpose (whether or not for a specified period); (iii) any transaction of buying, selling or supplying plant, machinery, raw materials, processing materials, packing materials, empties, consumable stores, waste or by-products, or any other goods of a similar nature or any unserviceable or obsolete or discarded machinery or any parts or accessories thereof or any waste or scrap or any of them or any other transaction whatsoever, which is ancillary to or is connected with or is incidental to, or results from such trade, commerce, manufacture, adventure or concern, works contract or lease, (iv) any transaction, even after the closure ....
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....onents and accessories for repair and maintenance thereof; (iii) goods purchased and accounted for in business but utilised for the purpose of providing facility to the employees. (iv) vehicle used for transporting goods or passengers or both; (v)capital goods used in the execution of a works contract; (g) ... (h) ... (i) ... (j) ... (k) ... (l) ... (m) "goods" means every kind or class of movable property and includes all materials, commodities and articles involved in the execution of a works contract, and growing crops, grass, trees and things attached to, or fastened to anything permanently attached to the earth which, under the contract of sale, a....
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....b-clause (i) to sub-clause (vi) above shall be deemed to be sale of those goods by the person making the delivery, transfer or supply and a purchase of those goods by the person to whom such delivery, transfer or supply is made. **** (ag) "tax" means a tax leviable under this Act, on the sale or purchase or both, as the case may be, of goods other than news paper; and shall include,- (i) composition money either at an agreed rate or in lump sum, as the case may be, payable, in lieu of actual amount of tax due on turnover of sales or purchases or both, as the case may be in accordance with provisions of section 6 or section 6A; (ii) amount of reverse input tax credit; (w.e.f. 01.01.2008) (iii) the amoun....
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....inding that the items that were sold after the closure of the business amounting to Rs. 1,33,20,839/- are in the nature of plant and machinery falling under capital goods. In light of the same, the Tribunal came to the finding that these goods would not fall within the definition of Section 2(e)(iv) of the Act. The Tribunal further agreed with the assessee and relied upon the judgments produced by the assessee to come to the finding that such items were in the nature of plant and machinery, and therefore, not exigible to tax. The finding of the Tribunal and the First Appellate Authority that the particular goods were in nature of capital goods and not the goods under Section 2(m) of the Act is not a perverse finding. In my view, this Court ....