TMI Blog2018 (10) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed by the Appellate Assistant Commissioner and upheld the decision of the Appellate Assistant Commissioner - It was held in the case that The Revenue has not disputed the factual position, which was taken note of by the Appellate Assistant Commissioner (CT), which has not been adequately dealt with in the order passed by the Tribunal. Thus, on facts, the Appellate Assistant Commissioner (CT) was fully justified in allowing the appeal and considering the factual matrix. Following the above case, the substantial questions of law, which have been raised, do not arise for consideration in this Tax Case (Revision) - Tax Case Revision is dismissed - Tax Case (Revision) No.133 of 2018 - - - Dated:- 30-8-2018 - Mr. T. S. Sivagnanam An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich must be in the character of plant machinery and its parts whereas the bearings are only consumable items and is the nature of revenue expenditure? 3.We have heard Mr.V.Haribabu, learned Additional Government Pleader (Taxes) appearing for the petitioner. 4.The respondent/assessee was a dealer in bearings and accessories, which were finally assessed on a total and taxable turnover of 15,23,698/- against the reported turnover of ₹ 15,23,698/- and ₹ 15,22,598/- respectively for the assessment year 2002-03 under the provisions of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as the TNGST Act ) vide assessment order dated 28.11.2003. 5.The Assessing Officer, on verification, found that the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... read as under: 6. After hearing the learned Additional Government Pleader appearing for the petitioner and carefully perusing the materials placed on record, we find the order passed by the Appellate Assistant Commissioner (CT) to be a well reasoned order wherein, apart from taking into consideration the factual position, the Appellate Assistant Commissioner (CT) has taken note of the settled legal position on the subject issue. After analysing the facts, the Appellate Assistant Commissioner (CT) has applied the legal position and taken a decision in favour of the respondent/dealer. The relevant portion of the order passed by the Appellate Assistant Commissioner (CT) is quoted hereunder for better appreciation. It is further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;Cycle Booklets'. 8.In the said decision, the Tribunal followed the decision of this Court in the case of State of Tamil Nadu vs. Madras Petro Chem Ltd. reported in [1993] 89 STC 438 (Mad.) and held that concessional rate of tax at 3% is attracted and sales can be effected against Form XVII declarations. 9.We find from the memorandum of grounds of appeal that the Revenue has not disputed the factual position, which was taken note of by the Appellate Assistant Commissioner (CT), which has not been adequately dealt with in the order passed by the Tribunal. Thus, on facts, we are satisfied that the Appellate Assistant Commissioner (CT) was fully justified in allowing the appeal and considering the factual matrix. We are, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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