2002 (10) TMI 761 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Taxability of chemicals and dyes used in job-works.
2. Tribunal's omission to address specific grounds raised.
3. Basis for the value of consumables.
4. Proper allowance for chemicals used in bleaching.
5. Entitlement to exemption from sales tax.

Summary:

1. Taxability of Chemicals and Dyes Used in Job-Works:
The petitioner, an assessee under the Kerala General Sales Tax Act, 1963, engaged in bleaching and dyeing of yarn and fabrics, contested the inclusion of the value of dyes and chemicals used in job-works in the taxable turnover. The petitioner argued that these items should be excluded u/s 5C(1)(c)(iii) of the Act as "consumables." The Court upheld the view that dyes and chemicals, which exist in the final product (e.g., as color in fabrics), do not qualify as consumables for deduction purposes. The Court agreed with the lower authorities that only items not existing in any form in the end-product can be treated as consumables.

2. Tribunal's Omission to Address Specific Grounds Raised:
The petitioner contended that the Tribunal failed to address a specific ground regarding the mistake in the quantum of dyes and chemicals used. The Court noted that the Tribunal did not consider this issue in its order. The petitioner was advised to file a review petition before the Tribunal to address this oversight.

3. Basis for the Value of Consumables:
The assessing authority granted a 20% deduction on the value of chemicals used, based on the lack of proper accounts and documentation from the petitioner. The Court found no reason to interfere with this estimation, as the petitioner failed to provide evidence of the entire quantity of chemicals used in the process.

4. Proper Allowance for Chemicals Used in Bleaching:
The Court observed that chemicals used for bleaching, which cease to exist after use, qualify as consumables. However, dyes that remain as color in the fabric do not. The Court upheld the lower authorities' decision to allow partial deduction for chemicals but not for dyes.

5. Entitlement to Exemption from Sales Tax:
The petitioner claimed entitlement to sales tax exemption under a government notification. The Court did not address this issue directly, leaving it open for consideration. The petitioner was advised to pursue this claim separately.

Conclusion:
The tax revision case was dismissed, with the Court affirming the lower authorities' decisions on the taxability of dyes and chemicals, and advising the petitioner to seek review for the Tribunal's omission and to pursue the exemption claim separately.