TMI Blog1987 (2) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... airs 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, the Electricity Board makes a thorough inspection of the repaired tran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 is completed. When a method has been followed by the assessee year to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 repaired transformer is fit for acceptance. When they accept the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 question of law arises from this decision of the Tribunal, as it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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