TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the cello used by the assessee was capital goods, namely a storage tank or apparatus used in manufacture, within Section 2(f) of the Uttar Pradesh Value Added Tax Act, 2008.
Analysis: The statutory definition of capital goods under Section 2(f) covers plant, machinery, equipment, apparatus and includes storage tank under clause (iii). The Tribunal's factual finding was that the cello was fitted to the plant and machinery, held the manufactured ink as part of the production process, and was repeatedly attached and removed as part of the manufacturing setup. In revision, the scope of interference was limited to questions of law, and the Court declined to reappreciate the Tribunal's factual findings. On the facts found, the cello functioned as a storage device integral to manufacture and its movable character did not alter its character as capital goods.
Conclusion: The cello qualified as capital goods under Section 2(f)(iii) of the Act, and no revisional interference was warranted.
Final Conclusion: The revisions failed as the Tribunal's view on the nature of the cello was sustained, leaving the assessee's entitlement undisturbed.
Ratio Decidendi: An apparatus that functions as a storage tank and forms an integral part of the manufacturing process falls within the definition of capital goods, and concurrent factual findings on such character are not to be disturbed in revision absent a legal infirmity.
TaxTMI 
TaxTMI 
