9911796707
TMI Blog1999 (9) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal for the assessment year 1992-93. 2. The assessee has purchased husk from unregistered dealer which was used as a fuel in the preparation of the food articles and is liable to tax under section 6 of the Karnataka Sales Tax Act, 1957. The Tribunal found that the explanation to section 6 under the Karnataka Sales Tax Act is not existing under the provisions of the Kerala and Tamil Nadu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ex Court and by the Tamil Nadu High Court with regard to the word "consumption" there cannot be any consumption unless the said item has been made as ingredients of the finished goods. 5.. Arguments by both the learned counsel for the parties heard. 6.. Provisions of section 6 are as under: "Levy of purchase tax under certain circumstances.-Subject to the provisions of sub-section (5) of sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the manufacture' shall include goods consumed for ancillary purposes in or for such manufacture." In the case of P.C. Balaramaraja v. State of Tamil Nadu [1994] 94 STC 212 (Mad), it was held that "it must be as raw material or component going into end-product, charcoal used as fuel for manufacture of cement, paint, was not considered liable to purchase tax". In this case the decision given i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provides that "consumes such goods in the manufacture shall also include goods consumed for ancillary purposes in or for such manufacture". The ancillary purpose would be for burning as fuel and, therefore the definition as under the Kerala General Sales Tax Act and Tamil Nadu General Sales Tax Act are not relevant. The decision given thereunder cannot be relied upon. Under Karnataka Sales Tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
