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2010 (7) TMI 884 - HC - VAT and Sales TaxWhether the assessing authority was justified in imposing the tax on the air-conditioning and cold storage plant for the assessment years 1995-96, 1996-97, 1997-98 and 1998-99 under section 3F of the U.P. Trade Tax Act, 1948 by holding that air-conditioning and cold storage plant is a movable property? Whether the learned Tax Tribunal was justified in equating the air-conditioning plant and cold storage plant of the hotel with the water pump by holding that plant is fixed only for the purpose of operational efficiency? Held that:- Even from the MOU and agreement executed by the revisionist themselves their intention is indicated that the air-conditioning plant is one of the movable assets, which was leased out by the revisionist by a separate agreement to the Jaypee Hotel. Accordingly, we answer the question No. 1 in the affirmative holding that air-conditioning and cold storage plant is a movable property. The test as to whether the machine or article is immovable or movable property, is that the machine or article could be sold in the market and could be removed for installation at other place. Therefore, the question No. (ii) does not survive at all. Appeal dismissed.
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