1990 (9) TMI 314 - HC - VAT and Sales Tax

Assessee wins exemption on crane purchase for lifting granite slabs, penalties overturned

The Court found in favor of the assessee, determining that they were entitled to exemption from purchase tax on the crane bought for lifting granite ... - Issues:- Whether the assessee was entitled to exemption from purchase tax on a crane purchased for lifting granite slabs.- Whether the authorities correctly found the assessee guilty of an offense under section 10 of the Act.Analysis:1. The assessee, a dealer in granite, purchased a crane to lift granite slabs for processing and export. The assessing authority denied exemption, leading to penalty proceedings under section 10A of the Act.2. The appeal against the penalty was dismissed by the Additional Deputy Commissioner and the Karnataka Appellate Tribunal. The issue revolved around whether the crane purchase was impermissible under C form.3. The main question was whether the Tribunal was correct in finding the assessee guilty under section 10 of the Act.4. All authorities assumed the assessee only sold granite slabs without processing, leading to the denial of exemption. The appeals were dismissed based on this assumption.5. The assessee argued that authorities misdirected themselves by not considering evidence of processing activities. The counsel contended that the company processed granite blocks for sale.6. The State argued that the balance sheet indicated processing activities, citing the Supreme Court's ruling in a similar case involving processing machinery for iron ore.7. The Court found that the assessee processed raw granite slabs for sale, making them eligible for crane purchase under C form. Citing the Supreme Court's decision, the Court ruled in favor of the assessee.8. Consequently, the revision petition was allowed, orders were set aside, and any paid penalties were deemed refundable or adjustable against other tax dues. No costs were awarded.This detailed analysis covers the issues raised in the judgment, providing a comprehensive overview of the legal reasoning and conclusions reached by the Court.