TMI Blog1997 (8) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... the contract entered into by the assessee for the supply of titanium anodes is a works contract. We have gone through the order of the Tribunal as also the terms of the contract between the parties. The Tribunal has completely misread the contract and has reached a conclusion which is not supportable by what has been set out in the contract. 2.. The contract was to design, engineer, manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lodging costs of the engineer were to be paid by the buyer. The supplier was not required to carry out the installation, but, merely to supervise the same. For maintaining anodes, a recoating maintenance charge of Rs. 800 per sale per month was payable for a period of ten years from the date of production is achieved from each TSIA. 4.. There can be no doubt whatsoever that this contract is clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contract which can come within the category of works contract. The Tribunal has completely overlooked the clauses providing for the maintenance charge irrespective of the period for which the TSIA were to be maintained as also to the charges payable for the supervising engineer. It is clear from a reading of this contract that the parties intended to sell the goods, viz., titanium anodes had also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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