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    <title>2017 (4) TMI 1280 - ALLAHABAD HIGH COURT</title>
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    <description>Section 2(f) of the U.P. Value Added Tax Act, 2008 treats plant, machinery, equipment, apparatus, tools, appliances and storage tanks as capital goods, and it does not require them to be movable. On that basis, MS sheets used to construct a silo storage tank embedded in earth were held to qualify for input tax credit because the silo functioned as a storage tank used in manufacture. The movable-versus-immovable distinction was not treated as a statutory bar where the item was used in the manufacturing process. The assessee&#039;s entitlement to input tax credit was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=197748</link>
      <description>Section 2(f) of the U.P. Value Added Tax Act, 2008 treats plant, machinery, equipment, apparatus, tools, appliances and storage tanks as capital goods, and it does not require them to be movable. On that basis, MS sheets used to construct a silo storage tank embedded in earth were held to qualify for input tax credit because the silo functioned as a storage tank used in manufacture. The movable-versus-immovable distinction was not treated as a statutory bar where the item was used in the manufacturing process. The assessee&#039;s entitlement to input tax credit was upheld.</description>
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