Meaning of “Industrial machinery”

Case Name : CIT Vs. Indian Textile Paper Tube Co. Ltd.

Citation :[1997] 138 CTR (MAD.) 342

Court : Madras High Court

Section : NINTH SCHEDULE

Meaning : In considering the meaning of the words ‘industrial machinery’ used in item 8 of the ninth schedule, the description of industrial machinery spoken of in item 4 of the fifth schedule, cannot be imported at all. The very fact that the legislature has chosen to use the expression ‘industrial machinery’ in one way in one schedule and in another way in another schedule, shows that the legislature itself intended to give different meanings to the same term in the said two schedules. Paper tubes and cones manufactured as part of textile machinery are not ‘industrial machinery’ within meaning of item 8 of ninth schedule to the income-tax act.