Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The definition of processing or manufacturing in legal contexts generally involves some activity that results in the transformation or creation of a new article or product, which storage alone does not accomplish ["S. B. COLD STORAGE INDUSTRIES PVT. LTD. VS COMMISSIONER OF INCOME-TAX - Calcutta"], ["DEEPAK T R vs ASHMA - 2022 Supreme(Online)(Ker) 71633"].
Analysis and conclusion:
References:- ["S. B. COLD STORAGE INDUSTRIES PVT. LTD. VS COMMISSIONER OF INCOME-TAX - Calcutta"]- ["Commissioner of Income-tax VS District Co-operative Federation - Allahabad"]- ["Ganesh Alu Bhandar VS Income-tax Officer - Income Tax Appellate Tribunal"]- ["Rajasthan Ice And Cold Storage, Jodhpur VS The State Of Rajasthan - Rajasthan"]- ["MADHU MALTI ENTERPRISES vs THE EMPLOYEES STATE INSURANCE CORPORATION AND ORS. - Bombay"]- ["Hindustan Petroleum Corporation Ltd. VS The Andhra Pradesh Southern Power Distribution Company Ltd. - Andhra Pradesh"]- ["Budhwar Cold Storage VS Income-tax Officer - Income Tax Appellate Tribunal"]- ["Mewad Sheet Garb VS State of Rajasthan - Rajasthan"]- ["THE ASSISTANT ENGINEER vs K.S.MUHAMMED - Kerala"]
In the pharmaceutical industry and beyond, proper storage is crucial for maintaining product integrity. But a common question arises: Is storing medicine in cold storage considered processing of goods under relevant legal provisions? This issue often surfaces in tax, regulatory, and compliance contexts, where misclassification can lead to penalties or lost exemptions.
This blog post delves into judicial interpretations, primarily from Supreme Court and High Court decisions, clarifying that cold storage typically means preservation, not processing. We'll explore key precedents, applications to medicines, and nuances from related cases. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Storing medicine in cold storage does not constitute processing of goods within the meaning of relevant legal provisions, as it primarily involves preservation rather than any transformation or alteration of the goods. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
Processing generally requires some change in the nature, quality, or form of the goods. In contrast, cold storage prevents decay or spoilage without altering the product. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
The Supreme Court in Delhi Cold Storage Private Limited v. CIT defined processing as bringing into existence a different substance from what the material was at the commencement of the process. Mere refrigeration or preservation does not qualify, as no new substance emerges. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
This ruling overruled earlier High Court views (e.g., Allahabad and Calcutta) that treated cold storage preservation as processing. The Court stated: storing of goods in a cold storage does not amount to processing. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
Further, the act of cold storage is an act whereby foods or products stored in the cold storage are prevented from their natural decay and that this preservation would not amount to processing of goods within the meaning of Section 2(7)(c) of the Finance Act, 1973. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
Madhava Hi-Tech Cold Storage (P) Limited reinforces this for machinery or goods, emphasizing storage over transformation. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
These cases underscore that legal interpretation hinges on whether there's alteration resulting in a new or different article or substance.
Medicines in cold storage are kept in their original form to preserve efficacy and prevent deterioration—no chemical or physical change occurs. This mirrors judicial views on perishables like potatoes or foods. Thus, it aligns with non-processing classification. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399
Pharma businesses can rely on this for tax filings, ensuring activities are documented as preservation.
While tax and finance laws generally exclude cold storage from processing, some statutes treat it differently:
Income Tax: Cold storage income may qualify for exemptions under Section 80P as warehousing, not processing. The cold storage is used for storing the goods. Merely because it has a refrigerating chamber, it does not lose the character of storin.... BELGAUM GARDENERS CO-OP. PRODUCTION SUPPLY & SALE SOCIETY LTD. VS FIFTH INCOME-TAX OFFICER
Wealth Tax: One view holds cold storage as an industrial undertaking since storing potatoes in a cold storage to prevent their decay constitutes processing of goods. Commissioner Of Wealth Tax VS Panna Devi Dalmia - 1986 Supreme(Pat) 84
Electricity Tariffs: Courts distinguish commercial cold storage (LT VIIA) from industrial processing (LT IVA). The court upheld the regulatory commission's tariff categorization, distinguishing between commercial cold storage and industrial processing... BELL FOODS MARINE DIVISION Vs KERALA STATE ELECTRICITY BOARD - 2010 Supreme(Online)(KER) 23140
Agricultural Markets: Storage of own produce may be exempt from licensing. Kapoor Singh VS Punjab Agricultural Marketing Board, Chandigarh - 1996 Supreme(P&H) 1647
Factories Act: Preserving or storing any article in cold storage listed separately from manufacturing, indicating distinct treatment. Arup Kr. Barua VS G. K. Choudhury - 2014 Supreme(Gau) 515Essar Telecom Infrastructure(P)Ltd. VS State Of Kerala, Represented By The Chief Secretary - 2011 Supreme(Ker) 242
These show context matters—tax laws lean towards non-processing, while regulatory ones may classify cold storage as industrial for exemptions or tariffs.
In meat processing cases, combining storage with trimming/packing might cross into processing, but pure storage does not. Shrusthi Agro & Cold Storage VS State of Karnataka, Represented By The State Public Prosecutor - 2019 Supreme(Kar) 485
Courts focus on purpose: preservation maintains status quo; processing alters it.
Understanding this distinction helps pharma entities, cold storage operators, and taxpayers navigate compliance confidently. For tailored guidance, consult legal professionals.
References:1. Delhi Cold Storage Private LTD. VS Commissioner Of Income Tax, Delhi-i, New Delhi - 1991 0 Supreme(SC) 399: Core Supreme Court decisions on cold storage.2. BELGAUM GARDENERS CO-OP. PRODUCTION SUPPLY & SALE SOCIETY LTD. VS FIFTH INCOME-TAX OFFICER, Commissioner Of Wealth Tax VS Panna Devi Dalmia - 1986 Supreme(Pat) 84, Kanyakumari District Co-op. Milk Supply Producers Union Ltd. VS Income-tax Officer, BELL FOODS MARINE DIVISION Vs KERALA STATE ELECTRICITY BOARD - 2010 Supreme(Online)(KER) 23140, Kapoor Singh VS Punjab Agricultural Marketing Board, Chandigarh - 1996 Supreme(P&H) 1647, Shrusthi Agro & Cold Storage VS State of Karnataka, Represented By The State Public Prosecutor - 2019 Supreme(Kar) 485, Arup Kr. Barua VS G. K. Choudhury - 2014 Supreme(Gau) 515, Essar Telecom Infrastructure(P)Ltd. VS State Of Kerala, Represented By The Chief Secretary - 2011 Supreme(Ker) 242: Supporting contexts.
#ColdStorageLaw,#ProcessingGoods,#MedicinesLaw
In this case, a Division Bench of the Allahabad High Court held that storing of potatoes in a cold storage amounted to processing of goods within the meaning of Section 2 (7) (d) of the Finance Acts, 1966 and 1967, and an assessee earning income from storing potatoes in cold storage was taxable at the ... It was contended on behalf of the assessee before the Tribunal that storing of potatoes in cold storage was an ....
According to him the running of a cold storage cannot be said to be letting of godown or warehouse for storage or for processing. He submitted that the apex court in the case of Delhi Cold Storage P. Ltd. v. CIT [1991] 191itr 656 has held that in a cold storage processing is not done. ... part thereof, is not doing a cold-storage business within Gen. ... Represe....
It was not a case of simply storing the goods but it was storing of goods under processing conditions preventing the goods from decay. ... " Thus, so far as tax laws are concerned, the issue is well settled that storing of goods in a cold storage does not amount to processing in view of the aforesaid decision of the Supreme Court. ... Thus, in the ultimate analysis, on the basis of the decisions discussed earlier, we hold that #HL_S....
It derives income from letting of a cold storage plant also. The assessee urged that the income from cold storage was exempt under section 80P of the Income-tax Act, 1961 ('the Act') as it is a warehouse for storing goods. The ITO did not accept this contention. ... Thus, the cold storage is used for storing the goods. Merely because it has a refrigerating chamber, it does not lose the character of storin....
The cold storage is engaged in storing potatoes. It has, therefore, to be seen whether by virtue of storing potatoes, a cold storage falls within the ambit of the expression "industrial undertaking". ... 6. P. ... Thus, the mere fact that the potatoes themselves, which are kept in the cold storage, do not undergo any transformation and remain static, does not by itself mean that they are not subj....
In the case of cold storage also articles were kept to prevent the same from normal decay. ... Before us also the assessee's counsel could not substantiate this contention. 7. In the case of Delhi Cold Storage (P.) Ltd. ... Farrukhabad Cold Storage (P.) Ltd. [1977] 107 ITR 816 and that of the Calcutta High Court in CIT v. Radha Nagar Cold Storage (P.) Ltd. [1980] 126 ITR 66. ... While so holding the Commissioner relied on the deci....
No.5562007952 for the processing plant and Consumer No.5562012511 for the cold storage. ... It is asserted that 'cold storage' is only a part of the processing activity, as the life of the seafood product manufactured by the petitioner, if not kept in the cold storage, is only for a period of 'three hours' after the production in the normal temperature. ... It was contended by the petitioner before the Ombudsman, that the petitioner....
It was held that processing of seed was different from the keeping of potatoes in the cold storage and that even if the keeping or preservation of potatoes in the cold storage amounted to ‘processing’, it would not amount to the assessee’s engagement in the pro-duction of processed ... This would show that mere processing (even if the potatoes were held to undergo processing in a cold st....
The act of preserving or storing any articles in cold storage is preceded by “process for” preserving or storing any articles in cold storage. It is the process for preserving or storing which amounts to manufacturing process and not the mere act of preserving or storing. ... Definition of “manufacturing process” means any process for preserving or storing any article in cold storage#HL_....
Despite issuance of notices sent on 7.10.1995, 13.10.1995 and 27.10.1995, accused No. 1 did not get the licence renewed and continued carrying on business of storing of agricultural produce in their aforesaid cold storage. ... Agricultural Produce Markets (General) Rules, 1962 on the allegations that accused No. 1 is a firm carrying on business of storing of potatoes etc. at their cold storage situated at Old Hoshiarpur Road near Lamba Pind, Jalandhar. ... In the inst....
The further contention of the petitioners is that they are only procuring meat from the local traders and are processing and storing the meat in cold storage units, cold storage rooms/freezers as per the requirement of the traders/customers/parties etc. The petitioners further contended that they are carrying out their business through lawful means and are specifically abiding by the rules and regulations prescribed by the concerned department and Government circulars. The grievance of the petitioners is that they are the partners of M/s. Shrusthi Agro and Cold Storage situ....
There are NIL Specimen & NIL Model in the Museum.11. Forensic Medicine Department: Cold Storage is not available.
(vi) Preserving or storing any article in cold storage;" (v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
(vi) preserving or storing any article in cold storage." (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
(vi) preserving or storing any article in cold storage." (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
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