ASHWANI KUMAR MISHRA,J. - (1.) Heard learned Standing Counsel for the revisionist and Sri M.M. Rai for the respondent.
(2.) The Tribunal vide its order dated 4.3.2017 has found that the machinery purchased by the assessee (J.C.B. Machine) is clearly shown in registration certificate and, therefore, could be purchased vide Form-C. This order is assailed by the revenue.
(3.) Learned Standing Counsel submits that the machines are being let out by the assessee and, therefore, use of Form-C cannot be allowed for purchasing the machines. Whether or not such machines are being let out is not the relevant issue. In case machines could be purchased by the assessee on account of it being mentioned in the registration certificate, its purchase vide Form-C would be justified. In case the machine was being let out, there would be other provisions to be invoked by the revenue. Benefit of Form-C cannot be denied for such reasons.;