2022 (4) TMI 1488

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....ustified in law in not giving the benefit of input tax credit regarding those goods which were consumed by the petitioner during the manufacturing of finished goods (pre-fabricated structures)? ii. Whether on the facts of the case, the learned Assessing Authority and the learned Commercial Tax Tribunal was justified in law in not giving the input tax credit to the revisionist regarding those goods which were approved by the Assessing Authority as goods essential for manufacturing the finished goods on the garb of goods treated as consumable? iii. Whether on the facts of the case, the leaned Assessing Authority and the learned Commercial Tax Tribunal was justified in law in giving the benefit of notification dated 31.03.2008 prospectivel....

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....d Senior Counsel appearing for the revisionist, at the outset, concedes that the revisionist, at this stage, do not raise the plea that welding electrodes are consumables, and that it is covered by the Amending Act, 2008. He, on the other hand, relying upon several judgments of the Hon'ble Supreme Court, would argue that welding electrodes are raw material for the industry run by the revisionist. Such welding electrodes are used in fabricating different structures, and those electrodes lose its character and assimilate totally in the finished product of the assessee, and therefore, they should be treated as raw material, and not as consumables. 5. This aspect has been dealt by the Hon'ble Supreme Court on several occasions. In the case of ....

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....ished product would be raw material when they are fitted in a vehicle, by observing as follows:- "What requires consideration, therefore, is whether items such as tyres, tubes, batteries etc. purchased by the appellant for use in the manufacture of vehicles which are otherwise finished products could avail of concessional rate of tax at 1%. That would depend on the construction and understanding of the expression 'industrial raw-material (inputs)' used in the Notification. The word 'raw-material' has not been defined in the Act. It has, therefore, to be understood in the ordinary and well accepted connotation of it in the common parlance of the persons who deal with it. According to dictionary, it means 'something whic....