ITC on Gas Cylinders is not admissible as packing material because Item no. 202 read with Entry no. 58 relating to packing material does not cover containers of iron and steel.
Further since gas cylinders are not sold and are only provided on returnable basis, no ITC is admissible because for claiming ITC goods must be used for sale or in manufacturing, processing, packing of taxable goods for sale as per section 13.
Further held that appellant company stands aggrieved because ITC denied to its consumers and is entitled to make application u/s 85.
(IOC PVAT TRI 2009 13STM 458
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