2018 (9) TMI 724 - HC - VAT and Sales Tax

Input tax Credit - capital goods - renewable energy device spare parts Boilers Boiler components and materials for Erection of Boilers - denial of credit on the ground that renewable energy device spare parts Boilers Boiler components and materials for Erection of Boilers are not involving in manufacturing process or packing or storing of the goods in the course of business and the goods do not fall under the category of capital goods ? - Whether the renewable energy device spare parts Boilers Boiler components and materials for Erection of Boilers are essential for manufacturing process or not? Held that - Biomass Gasifier Unit is an manufacturing unit. That will certainly fall under the definition of apparatus or spare parts or accessories. In such circumstances the goods used in the manufacturing process shall be taken as capital goods and the benefit under Section 19(3) shall be allowed. In the case of Thiagarajar Mills (P) Ltd. vs. Additional Commissioner (CT) (Revision petition) Ezhilagam Chepauk Chennai and others 2018 (8) TMI 1562 - MADRAS HIGH COURT this Court has held that wind mill used for the purpose of generation of energy utilised in the manufacturing process will also fall under the category of capital goods . The renewable energy device spare parts Boilers Boiler components and materials for Erection of Boilers are integral parts or integral apparatus or accessories in the manufacturing process and therefore it should be construed as capital goods . Petition allowed.

Summary

Issues:
1. Reversal of Input Tax Credit on purchase of renewable energy device & spare parts, Boilers, Boiler components, and materials for Erection of Boilers.
2. Interpretation of the definition of "capital goods" under Section 2(11) of the Tamil Nadu Value Added Tax Act, 2006.
3. Eligibility of Input Tax Credit under Section 19(3) of the Act for purchases of capital goods used in the manufacture of taxable goods.

Analysis:
1. The petitioner, a manufacturer of kraft paper, was assessed for the years 2013-14 and 2014-15 under the Tamil Nadu Value Added Tax Act. The respondent issued notices to reverse Input Tax Credit on the purchase of certain items, claiming they were not involved in the manufacturing process or categorized as "capital goods." The petitioner objected, stating the items were integral to the manufacturing process of kraft paper. The respondent, however, passed final orders denying the Input Tax Credit, deeming the items as capital assets, not eligible for credit.

2. The definition of "capital goods" under Section 2(11) of the Act includes various items essential for manufacturing processes, such as machinery, equipment, spare parts, and accessories. The Court analyzed the manufacturing process of kraft paper, highlighting the usage of renewable energy devices, spare parts, and boilers in the production process. It emphasized that any apparatus or accessories used in the manufacturing process should be considered "capital goods" eligible for Input Tax Credit under Section 19(3) of the Act.

3. Referring to a previous judgment, the Court established that equipment used for energy generation in the manufacturing process qualifies as "capital goods." It reiterated that items like renewable energy devices, boilers, and spare parts are integral to the manufacturing process of kraft paper and should be classified as capital goods. The Court rejected the respondent's argument that these items do not directly contribute to the production of kraft paper, emphasizing their importance in the manufacturing process.

4. The Court addressed the availability of appeal remedies, noting that in cases where a clarification has been issued by the Commissioner against the petitioner, filing an appeal would be a mere formality. Citing precedents, the Court held that in such circumstances, a writ petition is maintainable. Consequently, the Court allowed the writ petitions, setting aside the orders of the respondent and closing the connected Miscellaneous Petitions without costs.