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        VAT and Sales Tax

        1966 (7) TMI 72 - HC - VAT and Sales Tax

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        Packing materials are not raw material for manufacture when used only after goods are finished and packed for sale. Packing materials used only after boot polish is manufactured do not qualify as raw material for concessional sales tax treatment under the Madhya Pradesh ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Packing materials are not raw material for manufacture when used only after goods are finished and packed for sale.

                          Packing materials used only after boot polish is manufactured do not qualify as raw material for concessional sales tax treatment under the Madhya Pradesh General Sales Tax Act, 1958. Raw material was confined to articles used as ingredients in the manufactured goods or consumed in the manufacturing process, and manufacture was limited to producing, collecting, extracting, preparing or making goods. Tin-dibbies, cartons, aluminium-foils, box-board and gray-board were used merely for packing and sale facilitation, not in the manufacture itself. Their inclusion in the registration certificate was therefore rightly refused.




                          Issues: Whether tin-dibbies, cartons, aluminium-foils, box-board and gray-board used for packing boot polish could be treated as raw material for the manufacture of boot polish and included in the registration certificate.

                          Analysis: Under section 8 of the Madhya Pradesh General Sales Tax Act, 1958, concessional treatment is available only for raw material used in the manufacture of goods. The statutory meaning of manufacture was confined to the process of producing, collecting, extracting, preparing or making goods, and raw material meant an article used as an ingredient in manufactured goods or an article consumed in the process of manufacture. The packing articles in question were used only after the boot polish had been manufactured, for packing and facilitating sale. They were neither ingredients in the manufacture of boot polish nor articles consumed in the manufacturing process.

                          Conclusion: The packing materials did not qualify as raw material for the manufacture of boot polish, and their inclusion in the registration certificate was rightly refused.

                          Ratio Decidendi: Materials used merely for packing finished goods, and not as ingredients in or articles consumed during the manufacturing process, are not raw material within the meaning of the sales tax provision granting concessional treatment.


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                          ActsIncome Tax
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