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WOCKHART LTD Versus SALES TAX OFFICER

2016 (8) TMI 134 - GUJARAT HIGH COURT

Input tax credit - Whether the use of the furnace oil as processing materials or consumable stores - captive generation of power - Held that:- Tribunal has committed an error in holding that the use of the furnace oil is not processing materials or consumable stores. Accordingly, this appeal is allowed. The question posed for our consideration is answered in favour of the assessee and against the department. - TAX APPEAL NO. 594 of 2009 TO TAX APPEAL NO. 597 of 2009 - Dated:- 18-7-2016 - MR. KS .....

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passed in Misc. Application Nos.7 to 10 of 2008 and order dated 7.8.2008 passed in Rectification Application Nos.2, 3 and 4 of 2008. 2. At the time of admission of these Appeals, following questions of law were framed:- (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law the use of the furnace oil as processing materials or consumable stores? (2) Whether, the Tribunal was right in law by not following two direct Supreme Court decisions in case of Coastal .....

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mstances of the case, the Tribunal was right in law in holding that the use of the furnace oil is not processing materials or consumable stores? 4. Mr.Mehta, learned advocate for the appellant submitted that the issue involved in these appeals is covered by the decision of this Court in the case of AMI Pigments Pvt. Ltd. and Others v. State of Gujarat & Another, reported in [2010] 32 VST 97 (Guj), and prayed that these appeals may be disposed of accordingly. 5. Though Ms.Maithili Mehta, lear .....

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y of the Government is to promote more and more captive generation of power, it must be interpreted that if there is a composite plant, the industry must be eligible for exemption for all processes by which the manufacture takes place in such a plant and, therefore, it can validly purchase goods used as fuel for the generation of heat and energy for using in the manufacturing process. If not, it would lead to an anomaly that if raw material used to generate power in a power plant, it will be exe .....

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s for generation of electricity. When goods used as fuel for generation of electricity were excluded, it means that all other fuels are covered by the definition of the term raw material and consequently, within the terms processing materials or consumable stores. Section 11 (3) (a) of the 2003 Act provides for tax credit wherein it is specifically stated that raw material used in the process of manufacture of goods would get tax credit but the input-tax credit by four per cent means that input- .....

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