2002 (4) TMI 913 - HC - VAT and Sales Tax

Summary

Issues:
1. Claim for incentives under the Rajasthan Sales Tax Incentive Scheme for Industries, 1987.
2. Interpretation of the term "manufacture" under the Rajasthan Sales Tax Act, 1954.
3. Eligibility of activities for incentives under the Scheme of 1987.
4. Application of the principle of manufacturing activity for incentive eligibility.

Analysis:
1. The case involved a claim by the respondent-assessee for incentives for its new unit under the Rajasthan Sales Tax Incentive Scheme for Industries, 1987. Initially, incentives were sanctioned for the new unit but later withdrawn based on the processing of hydrogen gas not being considered a manufacturing activity eligible for incentives under the Scheme.

2. The Scheme of 1987, issued under section 4 of the Rajasthan Sales Tax Act, 1954, did not define the term "manufacture" independently. The definition of "manufacture" in the Act included any process resulting in preparing or making goods, without any exclusion for the activity in question. The process employed by the assessee did not exclude it from the definition of manufacture under the Scheme, which must align with the parent Act.

3. The District Level Screening Committee's decision to withdraw incentives was based on the processing of hydrogen gas not resulting in a marketable commodity. However, the process involved in preparing the gas for marketability was considered a manufacturing activity, as per the decision in Devarsa Gas Chem Private Ltd. v. Rajasthan Taxation Tribunal, where the necessity to bring goods to a marketable stage was deemed a manufacturing activity.

4. Applying the principle from the referenced case, the Court concluded that the process employed by the dealer fell within the realm of manufacturing activity, making the refusal of incentives by the District Level Screening Committee unsustainable. Consequently, the revision petition was dismissed, affirming the eligibility of the respondent-assessee for incentives under the Scheme of 1987.