2000 (10) TMI 951 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Eligibility of steel, cement, and paints for registration under the Central Sales Tax Act, 1956.
2. Interpretation of the term "stores" under Rule 13 of the Central Sales Tax (Registration and Turnover) Rules, 1957.
3. Applicability of Section 8-A of the Central Sales Tax Act for items indirectly used in manufacturing.

Detailed Analysis:

1. Eligibility of Steel, Cement, and Paints for Registration:
The applicant, a registered dealer under the Central Sales Tax Act, 1956, engaged in manufacturing and selling sugar, by-products, and waste products, sought registration for steel, cement, and paints. These items were to be used in manufacturing processes. The assessing authority disallowed the registration, and subsequent appeals to the Assistant Commissioner (Judicial) and the Sales Tax Tribunal were also dismissed. The applicant contended that these items were necessary for fixing machinery, use in boilers, and protecting machinery, respectively, and thus should be eligible for registration.

2. Interpretation of the Term "Stores" under Rule 13:
The applicant argued that steel, cement, and paints should be categorized as "stores" under Rule 13 of the Central Sales Tax (Registration and Turnover) Rules, 1957, which allows for the inclusion of items intended for use in the manufacture or processing of goods for sale. The applicant relied on several Supreme Court decisions, including Indian Copper Corporation Ltd. v. Commissioner of Commercial Taxes, J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. Sales Tax Officer, and others, to support the claim that items playing a role in manufacturing should be included.

3. Applicability of Section 8-A of the Central Sales Tax Act:
The applicant submitted that the benefit under Section 8-A of the Central Sales Tax Act is not limited to items directly used in manufacturing but extends to those indirectly required for manufacturing purposes. The opposing counsel argued that steel, cement, and paints could not be considered goods used in the manufacture of sugar, thus justifying their exclusion from registration.

Court's Findings:
- Conjoint Reading of Provisions: The court examined Sections 7(1), 8(1), 8(3)(b) of the Act, and Rule 13 of the Rules, concluding that the goods specified in the registration certificate must be used in the manufacture or processing of goods for sale. Steel, cement, and paints do not fall under raw materials, processing materials, machinery, plant, tools, spare parts, accessories, fuel, or lubricants as mentioned in Rule 13.
- Definition of "Stores": The court considered the dictionary definition of "stores" and previous judgments, determining that "stores" refer to material supplies of a manufacturing concern or articles accumulated for specific purposes. The court concluded that steel, cement, and paints do not qualify as "stores" under this definition as they are not used directly or indirectly in the manufacturing process.
- Supreme Court Decisions: The court reviewed several Supreme Court decisions cited by both parties. It noted that while certain processes integral to manufacturing could qualify items for special treatment, steel, cement, and paints used for construction, repairs, and protection do not meet this criterion.

Conclusion:
The court dismissed the revision, holding that steel, cement, and paints are not eligible for registration under the Central Sales Tax Act, 1956, as they do not fall within the definition of "stores" used in the manufacture of finished goods. The revision lacked merit, and the parties were ordered to bear their own costs.

Petition Dismissed.