1978 (7) TMI 228 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Inclusion of timber, drawing office equipment, paints and varnishes, firebricks, and glazed tiles in the registration certificate for concessional tax benefits.
2. Interpretation of Section 8(3)(b) of the Central Sales Tax Act, 1956, and Rule 13 of the Central Sales Tax (Registration and Turnover) Rules.

Detailed Analysis:

1. Inclusion of Timber, Drawing Office Equipment, Paints and Varnishes, Firebricks, and Glazed Tiles:

The assessee, M/s. The Ballarpur Straw Board Mills Ltd., sought the inclusion of certain items in its registration certificate for the year 1971-72 to avail concessional tax rates under the Central Sales Tax Act, 1956. The Commercial Tax Officer initially rejected the inclusion of eight items, but upon appeal, the Deputy Commissioner allowed three items, and the Tribunal further modified the order to include firebricks, fire cement, cement compound, china-clay, and timber for specific purposes. Both the assessee and the department filed revision petitions against the Tribunal's order.

The assessee contended that the Tribunal erred in not allowing the inclusion of five items for specific purposes, arguing that these items were necessary for the efficient and proper working of the plant and constituted equipment in the manufacture of goods.

2. Interpretation of Section 8(3)(b) and Rule 13:

Under Section 8(3)(b) of the Act and Rule 13 of the Rules, a dealer can claim concessional tax rates for goods intended for use in the manufacture or processing of goods for sale. The Supreme Court's interpretation in Indian Copper Corporation Limited v. Commissioner of Commercial Taxes, Bihar, and J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. Sales Tax Officer, Kanpur, provided guidance on what constitutes goods intended for use in manufacturing processes.

The department argued that timber for manufacturing racks and firebricks, fire cement, and china-clay for putting up boilers did not fall within the categories specified in Rule 13. However, the assessee argued that excluding the five items was contrary to Section 8(3)(b) read with Rule 13.

The Tribunal's decision to include timber for making racks and firebricks, fire cement, and china-clay for boilers was upheld, as these items were deemed essential for the manufacturing process. The court noted that without these items, the business of manufacturing caustic soda and liquid chlorine would be commercially inexpedient.

Judgment:

The court held that the purposes for which the assessee required timber, paints and varnishes, firebricks, and glazed tiles were integrally connected with the ultimate manufacture of goods for sale. These items either formed part of the plant or equipment necessary for the manufacturing process. The Tribunal erred in disallowing the inclusion of these items for the specified purposes, excluding those related to the construction or maintenance of factory buildings.

The court allowed the assessee's revision petition (S.T.R.P. No. 6 of 1976) and directed the Commercial Tax Officer to include the five items in the registration certificate for the specified purposes, excluding those related to building construction or maintenance. The department's revision petition (S.T.R.P. No. 9 of 1976) was dismissed. Each party was ordered to bear its own costs.

Ordered accordingly.