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2017 (4) TMI 1280 - HC - VAT and Sales TaxInput Tax Credit - capital goods - M. S. Sheets utilized for construction of silo - UP VAT - case of Revenue is that since the nature of silo is immoveable, and is embedded to Earth, it cannot be included within the definition of ‘capital goods’ - Held that: - storage tank embedded in the earth also forms part of capital goods, if it is otherwise being utilized for manufacture of goods - reliance placed in the case of COMMISSIONER OF CENTRAL EXCISE, BANGALORE-II Versus SLR STEELS LTD. [2012 (9) TMI 169 - KARNATAKA HIGH COURT] - the distinction of movable or immovable nature of goods is not contained in the Act, and is otherwise not a relevant consideration, there survives no other ground of challenge to the order of the Tribunal. - credit allowed - decided against Revenue.
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