2006 (10) TMI 443 - HC - VAT and Sales Tax

Summary

Issues involved: Deduction towards purchase value of iron and steel, consumables disallowed by Assessing Authority, confirmed by first appellate authority, accepted by Tribunal. Government challenges order on grounds of deduction, change in character of materials, and execution of works contract.

Deduction towards purchase value of iron and steel:
The Government challenges the Appellate Tribunal's decision to allow deduction towards the purchase value of iron and steel used in the manufacture of finished goods and in the execution of works contract. The Tribunal's ruling goes against a previous Division Bench judgment which held that the iron and steel purchased were used for construction purposes, not in the same form as purchased, falling under a specific entry in the Act. The Tribunal's decision is overturned based on the binding precedent set by the Division Bench, leading to the revision petition being allowed in favor of the Government.

Change in character of iron and steel:
The Government also contests the Tribunal's finding that the character of iron and steel purchased from a registered dealer does not change when used to make doors, window frames, grills, etc. This issue is intertwined with the previous challenge regarding the deduction claim, as the Division Bench's ruling on the nature of the materials used for construction purposes influences the decision against the assessee.

Execution of works contract:
Another point of contention is whether the execution of works contract involving the installation of doors, window frames, grills, etc. is in the same form as the materials (iron and steel) purchased from the registered dealer. The Tribunal's decision to allow the claim of deduction on these materials is overturned based on the Division Bench's judgment, which established that the materials were used for construction purposes and not in their original form, aligning with a specific entry in the Act. Consequently, the questions of law are answered in favor of the Government and against the assessee, with the revision petition being allowed accordingly.