2006 (8) TMI 556 - HC - VAT and Sales Tax

Summary

Issues:
Whether the Tribunal was justified in sustaining assessment of scrap materials under section 5A consumed in the production of lead.

Analysis:
The court examined the process of recovering lead from battery waste in a factory, where the main raw material is battery scrap. The petitioner processes the scrap material to recover lead by employing various processes, including running a melting plant to make ingots. The court observed substantial value addition in the recovery of lead from waste materials. It concluded that the recovery of lead from battery waste involves consumption of raw material in the manufacture and production of a commercially different article, thereby upholding the levy of tax under section 5A of the Kerala General Sales Tax Act, 1963 on the purchase of old and waste battery shells.

The petitioner argued that they also purchase lead scraps, which are melted and made into ingots in the factory. Citing legal precedents, the petitioner contended that in similar situations, there was no liability for purchase tax under section 5A. The court referred to the decision in State of Madhya Bharat v. Hiralal, where it was held that in melting iron and steel scraps into bars, there is no manufacture involved. Another decision in State of Tamil Nadu v. Annai Industries stated that the recovery of polythene from old bags is not considered manufacture. Based on these precedents, the court directed the officer to conduct an inspection in the petitioner's factory, verify the accounts, and grant exemption from purchase tax under section 5A for the actual quantity of pure lead scrap purchased and melted into ingots. The court limited the levy under section 5A only to battery and similar scrap items where the recovery process involves elimination of other materials.