1980 (1) TMI 188 - HC - VAT and Sales Tax

Summary

Issues:
- Assessment under section 7-A of the Tamil Nadu General Sales Tax Act
- Interpretation of "consumption in the manufacture of other goods"
- Comparison with a decision of the Kerala High Court

Analysis:
The case involved an appeal from the Board of Revenue's order regarding the assessment under section 7-A of the Tamil Nadu General Sales Tax Act. The assessee had purchased scrap metal for Rs. 29,493.38, which was used in the manufacture of ingots. The Appellate Assistant Commissioner initially set aside the assessment under section 7-A, but the Board of Revenue reviewed the order in light of a Supreme Court decision and restored the assessment. The key issue was whether the scrap purchased was consumed in the manufacture of other goods, as required by section 7-A. The Court held that the process of melting the scrap into ingots constituted manufacturing, and therefore, the scrap was consumed in the production of other goods, attracting tax liability under section 7-A. The Court rejected the argument that the ingots were the same as the scrap minus impurities, emphasizing that ingots and scrap are distinct goods in the market.

The assessee relied on a decision of the Kerala High Court regarding the interpretation of a similar provision under the Kerala General Sales Tax Act. In that case, the Kerala High Court had considered whether meat exposed for sale could be considered as manufactured goods. However, the Court in the present case distinguished the situation, noting that the commodity in question (scrap metal and ingots) was fundamentally different from the example of meat, making the Kerala High Court decision inapplicable. Ultimately, the Court dismissed the appeal, upholding the tax liability on the turnover related to the purchase of scrap metal under section 7-A. The appeal was dismissed with costs, including counsel fees.