TaxTMI 
TaxTMI 
2022 (4) TMI 827
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.... common order. 3. The present revisions have been filed against the judgement & order dated 12.01.2017 passed by Commercial Tax Tribunal, Jhansi in Second Appeal Nos. 39 of 2016 (2011-12) and 40 of 2016 (2012-13), in which following common questions of law have been framed:- (i) Whether on the facts and in the circumstances of the case, the Tribunal is legally justified in not allowing the claim of exemption of Entry Tax on Iron & Steel (MS Angle, MS Channel, MS Plate, MS Beam, etc.) used in expansion of Cent Plan on the ground that it is not a capital goods? (ii) Whether, on the facts and in the circumstances of the case, the imported MS Angle, MS Channel, MS Plate, MS Beam, etc. used by the applicant in expansion of C....
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....ain buildings, but has failed to show any evidence or material that these iron & steel were used as capital goods, which are directly connected with the plant & machinery or equipment. He prays for dismissal of the revision. 6. The Court has perused the records. 7. Admittedly, the revisionist is manufacturer of cement. For expansion of its unit/cement plant, the revisionist purchased iron & steel and used the same for construction of various buildings, sheds, etc. The revisionist claimed the iron & steel, purchased and used for construction of various buildings for expansion of its unit, as "capital goods" so that benefit of input tax credit can be granted to it. 8. For the purposes of deciding the issue, as to whether iron & steel....
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.... (iii) goods purchased and accounted for in business but utilised for the purpose of providing facility to the employees. (iv) vehicle used for transporting goods or passengers or both; (v) capital goods used in the execution of a works contract; Section 13. Input tax credit: (1) Subject to provisions of this Act, dealers referred to in the following clauses and holding valid registration certificate under this Act, shall, in respect of taxable goods purchased from within the State and mentioned in such clauses, subject to conditions given therein and such other conditions and restrictions as may be prescribed, be allowed credit of an amount, as input tax credit, to the extent provided by or under the rel....
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....input tax shall be computed and be claimed in prescribed manner. Explanation: For the purposes of this clause,- (a) if 90% of electrical energy generated is consumed for the purposes referred to in sub clauses (iii) and (iv), 100% Input Tax may be claimed and be allowed as Input Tax Credit. (b) the expression 'generation of electrical energy' shall mean generation of electrical energy by using captive power plant including repairing and maintenance thereof." 9. Bare perusal of section 2(f) of the VAT Act it has been clearly stated that "capital goods" means any plant, machine, machinery, equipment, apparatus, tool, appliance or electrical installation used for manufacture or processing of any goods for ....