2012 (6) TMI 768 - HC - VAT and Sales Tax

Loaders and dumpers qualify as plant and machinery for concessional tax rate under Central Sales Tax Act

Vindhyavasini Stone Crusher Pvt. Ltd. Versus Commissioner, Commercial Tax

Vindhyavasini Stone Crusher Pvt. Ltd. Versus Commissioner, Commercial Tax - [2012] 53 VST 533 (Utk) Issues:Interpretation of Central Sales Tax Act regarding concessional rate for plant and machinery of stone crusher.Analysis:The judgment addresses the issue of whether loaders and dumpers used in stone crushing activities qualify as plant and machinery of a stone crusher for the purpose of obtaining a concessional rate of tax under the Central Sales Tax Act. The revisionist had obtained registration under the Act, indicating that the goods dealt with included plant and machinery of a stone crusher. However, a dispute arose when it was contended that loaders and dumpers were not part of the plant and machinery. The appellate authority initially held that loaders were part of the machinery but not dumpers, while the Tribunal concluded that neither loaders nor dumpers could be considered as plant and machinery of the stone crusher.The revisionist argued that loaders and dumpers are essential for the stone crushing process as they are used to load the hopper, without which stone crushing activity cannot be undertaken. Citing the meaning of 'machinery' as defined by the Privy Council, the revisionist contended that loaders and dumpers should be considered both machinery and plant of the stone crusher. The legal provisions relevant to the issue were section 8(3)(b) of the Central Sales Tax Act and rule 13 of the Central Sales Tax (Registration and Turnover) Rules, which specify goods entitled to concessional tax rates for use in manufacturing or processing of goods for sale, including plant and machinery.The judgment referred to a precedent involving Indian Copper Corporation Ltd., where the Patna High Court and later the Supreme Court had considered the inclusion of motor vehicles in the registration certificate for mining and manufacturing activities. The Supreme Court had ruled that vehicles used for mining, carrying mined products for manufacturing, and transporting manufactured products for sale could be deemed as plant and machinery, entitling their inclusion in the registration certificate. Drawing from this precedent and the legal provisions, the court concluded that loaders and dumpers should be treated as plant and machinery of the stone crusher as registered by the revisionist, overturning the decisions of the lower authorities.In light of the legal interpretation and precedents, the judgments and orders of the Tribunal, appellate authority, and assessing authority, which had denied the classification of loaders and dumpers as plant and machinery of the stone crusher, were deemed unsustainable and quashed. Consequently, the revision applications were disposed of in favor of the revisionist.