2000 (6) TMI 778 - AT - VAT and Sales Tax

Tribunal upholds safety valves as machinery parts, taxable at 8%

The Tribunal upheld the classification of safety valves as parts and accessories of machinery under entry 81 of the First Schedule to the Tamil Nadu ... - Issues Involved:1. Classification of safety valves for tax purposes.2. Determination of whether safety valves are parts or accessories of machinery.Detailed Analysis:1. Classification of Safety Valves for Tax Purposes:The primary issue in the appeals relates to the rate of tax to be levied on 'safety valves' sold by the assessee. The assessee contended that the safety valves should be classified as multi-point goods, arguing that these valves are safety protection devices installed on chambers like pipelines and tanks to relieve excess pressure without the aid of power. The assessing authority, however, classified the safety valves under item 81 of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959, taxable at 8%, stating that they are parts and accessories of machinery. This classification was upheld by the Appellate Assistant Commissioner and the Appellate Tribunal, which observed that the valves are designed for fitting in a pipeline linked to the main machinery, thus making the classification under entry 81 appropriate.2. Determination of Whether Safety Valves are Parts or Accessories of Machinery:The Appellate Tribunal, upon reviewing photos and arguments, noted that safety valves are fixed with the pipeline in the machinery and cannot be operated independently. The Tribunal concluded that the valves are essential for the progress and safe functioning of the machinery, as they regulate the flow of liquids or gases and prevent damage due to excessive pressure. The Tribunal referenced the decision of the Andhra Pradesh High Court in Srirama Engineering Co. v. State of Andhra Pradesh, which held that additional fixtures that result in effective enjoyment and use of the main item can be considered accessories. The Tribunal further observed that safety valves are specifically designed for use in industries to relieve pressure in tanks or pipelines connected with machinery, thus classifying them as tools connected with the machinery under entry 81.Arguments by Counsel for the Petitioner:The petitioner's counsel argued that the Tribunal misdirected itself by classifying the safety valve as an accessory to machinery. He contended that the safety valve by itself had no nexus or connection to the machinery and should be seen as an independent item supporting the plant. He referenced several decisions, including the Supreme Court's caution in Mehra Bros. v. Joint Commercial Tax Officer, Madras, and the Andhra Pradesh High Court's decision in Universal Radiators Ltd. v. State of A.P., to argue that the absence of the phrase 'use therewith' in item 81 indicates that safety valves should not be classified as accessories of machinery.Arguments by Counsel for the Respondent:The Government Advocate argued that the Appellate Tribunal rightly classified the safety valves under entry 81 after a detailed analysis of their function. He referenced the decision in General Marketing and Manufacturing Company Ltd. v. State of Tamil Nadu, where an excavator was held to be an integral part of machinery, to support the classification of safety valves as parts of machinery.Tribunal's Conclusion:The Tribunal concluded that safety valves, though fixed on the pipeline, are linked to the machinery and essential for its safe functioning. The Tribunal referred to the decision in V. Govindarajan & Brother v. Government of Pondicherry, where leather cases for transistors were considered accessories, and the Supreme Court's decision in Mehra Bros. v. Joint Commercial Tax Officer, which provided a test for classifying accessories. The Tribunal held that safety valves add to the convenience or effectiveness of machinery in the petroleum and chemical industries and are therefore accessories of machinery falling under entry 81 of the First Schedule to the Act. Consequently, the tax revision cases were dismissed, upholding the classification and the 8% tax rate.Final Order:The Tribunal ordered that this judgment be observed and carried into execution by all concerned, and the petition was dismissed.