1962 (1) TMI 44 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Inclusion of locomotives and motor vehicles in the registration certificate.
2. Inclusion of accessories and spare parts for motor vehicles and locomotives.
3. Inclusion of household, laboratory, hospital and general furnishing and fittings.
4. Inclusion of medical supplies.
5. Inclusion of stationery.
6. Inclusion of tyres and tubes for motor vehicles.
7. Inclusion of cane baskets.

Detailed Analysis:

1. Inclusion of Locomotives and Motor Vehicles:
The petitioner argued that locomotives and motor vehicles are used in carrying raw materials and removing materials during the process of manufacture and in mining operations. The court held that locomotives and motor vehicles used in carrying and removing raw materials during the process of manufacture and those used both underground and on the surface during mining operations should be included in the registration certificate. However, vehicles used after mining and before manufacturing or for transporting finished products were not entitled to inclusion.

2. Inclusion of Accessories and Spare Parts for Motor Vehicles and Locomotives:
The court agreed with the petitioner that accessories and spare parts for locomotives and motor vehicles, which are necessary for their maintenance and continual operation, should be included in the registration certificate. This inclusion is limited to those vehicles used in the manufacturing process and mining operations.

3. Inclusion of Household, Laboratory, Hospital and General Furnishing and Fittings:
The petitioner contended that these items were necessary for the hospitals run by the corporation for the benefit of workers and for laboratory analysis essential in mining and manufacturing processes. The court held that laboratory fittings used for sampling and analysis of ores and raw materials in the initial stages of mining and manufacturing should be included in the registration certificate. However, household, hospital, and general furnishings were not included as they did not fall within the statutory language of section 8(3)(b) and rule 13.

4. Inclusion of Medical Supplies:
The petitioner argued that medical supplies were necessary for treating workers and maintaining their health, which is incidental to the manufacturing and mining process. The court rejected this claim, stating that medical supplies do not fall within the language of section 8(3)(b) and thus cannot be included in the registration certificate.

5. Inclusion of Stationery:
The petitioner claimed that stationery was necessary for maintaining records and fulfilling statutory requirements. The court did not accept this argument, stating that stationery does not fall within the categories enumerated under rule 13 and therefore cannot be included in the registration certificate.

6. Inclusion of Tyres and Tubes for Motor Vehicles:
The court agreed that tyres and tubes necessary for the maintenance of motor vehicles used in the manufacturing process and mining operations should be included in the registration certificate.

7. Inclusion of Cane Baskets:
The petitioner argued that cane baskets were necessary for carrying ores and maintaining cleanliness. The court held that cane baskets used for carrying ores and raw materials do not fall within the language of rule 13 and thus cannot be included in the registration certificate. However, cane baskets used by the sanitary department were also not entitled to inclusion.

Conclusion:
The court issued a writ of mandamus commanding the Additional Superintendent of Sales Tax to specify the following goods in the registration certificate under section 8(3)(b) of the Central Sales Tax Act, read with rule 13:
1. Locomotives and motor vehicles actually used in carrying and removing raw materials during the process of manufacture.
2. Locomotives and motor vehicles used both underground and on the surface during mining operations.
3. Accessories and spare parts for such locomotives and motor vehicles.
4. Tyres and tubes for such motor vehicles.
5. Laboratory fittings used for sampling and analysis of ores and raw materials in the initial stages of mining and manufacturing.

The application was partly allowed with no order as to costs.