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TMI Blog1987 (2) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, a private limited company, is engaged in carrying out repairs of the transformers, belonging to the U.P. State Electricity Board under an agreement. For repairing the transformers the assessee used the spare parts, which are taken to have been sold to the Electricity Board. After repair of the transformers, the bills are submitted by the assessee to the Electricity Board. Thereafter, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue is concerned, it is not jeopardised, as the only question is as to in which year, whether in the year of submission of bills or in the year when the repaired transformers are approved after inspection and the bills are okayed, the tax is to be levied. The tax does not remain unrecovered either way. Therefore, it seems only an academic exercise as to in which year the sale of the spare parts i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal took the view that: "Even if it be held that the pro forma invoice sent according to the terms and conditions of the contract is a bill, the fact remains that unless the transformer is approved, there is no acceptance of the offer by the UPSEB. It is only after tests and checks that the department comes to the conclusion that the repairs carried out fulfils all the conditions and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nover of scraps that the instant partnerships came into existence with effect from 1st October, 1980 and no scrap was taken over from the old partnership firm and that the turnover of the scraps that become available during the period from 1st October, 1980 to 31st March, 1981 only Was shown and that was much less. The Tribunal accepted this reason and in my opinion rightly. Otherwise also, no que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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