2007 (11) TMI 394 - SC - VAT and Sales Tax

Whether the small-scale industry which was engaged in bottling of anhydrous ammonia could be said to be entitled to the exemption from payment of sales tax on the ground that it was manufacturing such goods since there was a general exemption offered by the Andhra Pradesh Government by G.O. Ms. No. 117 dated March 17, 1993 to the small-scale industry? Held that - Appeal allowed. Accepting the contention of the appellant that a liberal view of G.O. Ms. No. 15/74 dated June 25, 1974 would have to be taken.

Summary

Issues:
- Challenge to High Court's judgment denying exemption from sales tax based on manufacturing process.
- Interpretation of Government Order exempting small-scale industries from sales tax.
- Application of legal principles regarding manufacturing process for tax exemption.
- Comparison with a similar judgment on manufacturing process for tax exemption.

The judgment under challenge involved the denial of exemption from sales tax to the appellant, a small-scale industry, by the High Court based on the manufacturing process. The Sales Tax Appellate Tribunal had initially granted the exemption, which was contested by the Department, arguing that the re-packing of palmolive oil did not constitute manufacturing. The Government Order exempted small-scale industries established after specific dates from sales tax, including those certified by the Director of Industries. The High Court held that the appellant did not engage in a manufacturing process and thus was not eligible for exemption under the Government Order, leading to the appeal.

The appellant argued that a similar issue was addressed in a previous judgment involving a small-scale industry bottling ammonia gas. The Supreme Court in that case emphasized a liberal interpretation of the term "manufacture" for tax exemption purposes, focusing on industrial development rather than technical definitions. The Court found that the exemption was granted to promote industrial growth, and the absence of a strict definition of "manufacture" in the Sales Tax Act allowed for a broader interpretation to support small industries. The Court held that the exemption certificate was valid, and the appellant's activity of re-packing palmolive oil qualified as manufacturing under the Government Order.

The Senior Advocate representing the Union Territory of Pondicherry argued that the exemption granted was based on the Government Order from 1974, which required proof of manufacturing goods for eligibility. The contention was that since the re-packing of palmolive oil did not alter its nature, it did not constitute manufacturing under the Act. However, the Court rejected this argument, citing the previous judgment's interpretation that focused on industrial promotion rather than technical definitions. The Court upheld the appellant's eligibility for exemption, emphasizing the intent of the Government Order to support small-scale industries and industrial development.

In conclusion, the Supreme Court allowed the appeal, overturning the High Court's decision and reinstating the Tribunal's order granting the exemption to the appellant. The Court emphasized a liberal interpretation of the manufacturing process for tax exemption, aligning with the principles established in the previous judgment regarding industrial growth and the intent behind Government Orders promoting industrial development.