2015 (3) TMI 478 - HC - VAT and Sales Tax

Court Partially Allows Revision Petitions on Input Tax Rebate for Export Business Goods

M/s INTEL TECHNOLOGY (INDIA) PVT LTD. Versus THE STATE OF KARNATAKA REP. BY THE COMMISSIONER OF COMMERCIAL TAXES

M/s INTEL TECHNOLOGY (INDIA) PVT LTD. Versus THE STATE OF KARNATAKA REP. BY THE COMMISSIONER OF COMMERCIAL TAXES - TMI Issues:Challenging denial of input tax rebate on various goods for export business.Analysis:The case involved revision petitions challenging a Tribunal order denying input tax rebate on certain goods for export business. The petitioner, a software development business, imported duty-free goods for software development and export, claiming input tax rebate on purchases within the State for export business. The Deputy Commissioner partially allowed the rebate, leading to further revisions and appeals. The Tribunal allowed rebate on work stations but denied it on Xerox machines, office stationary, air conditioners, building materials, and security systems. The main contention was whether these goods qualified as 'capital goods' for input tax rebate.The petitioner argued that despite tax restrictions, they were entitled to rebate on capital goods used for export business. The revenue contended that the goods in question did not meet the definition of capital goods under the Act. Section 12 of the Act allows input tax deduction for capital goods used in the business of exporting goods. The definition of capital goods includes plants, machinery, vehicles, etc., used in business other than for sale. A previous case clarified that deduction is allowed for capital goods used in business activities.The Court analyzed whether the goods in question qualified as capital goods. Stationary and building materials were deemed ineligible, but Xerox machines, air conditioners, and security systems were considered machinery used in business. A judgment from the Andhra Pradesh High Court supported the classification of Xerox machines as machinery. The Court emphasized that for goods to be considered capital goods, they must be used in the course of business, as defined under the Act. The Tribunal's decision was overturned for not considering this statutory provision.Regarding air conditioners, the Court noted their role in maintaining a suitable environment for business activities, making them eligible for tax rebate as capital goods. Similarly, security systems for buildings were deemed essential for business operations and thus qualified for rebate. The Tribunal's findings were set aside in these instances. The Court also upheld the Tribunal's decision on work stations, as they did not fall under the definition of 'wood furniture', dismissing the State's challenge.In conclusion, the revision petitions were partly allowed, granting the petitioner input tax rebate on Xerox machines, air conditioners, and security systems for buildings, while maintaining the Tribunal's order on other aspects.