Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2015 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 498 - HC - VAT and Sales TaxTools-open jaw spanners – Interpretation of Entry – Entry 6(ix) of BST and Entry 14(iv)(ix) of CST – Whether interpretation of Entry 6(ix) of Bombay Sales Tax Act, 1959 and Entry No.14(iv)(ix) of Central Sales Tax Act, 1956, “tools – open jaw spanners” attract tax liability @ 4% or should be treated as Entry No.102 of BST, 1959 – Held that:- iron and steel were main descriptive part as per entry 14(iv)(ix) – Upon careful perusal of Entry in question, CST and BST has identical entry – Supreme Court in case of State of Tamil Nadu v/s Pyare Lal Malhotra [1976 (1) TMI 151 - SUPREME COURT OF INDIA], observed that there were no dispute that Entry No.(iv) in Section 14 of CST, as originally worded, was meant to enumerate separately taxable goods and not just to illustrate one taxable substance, i.e, “iron and steel” – Each subitem in Entry No.(iv) was separately taxable commodity for purpose of sales tax and each of them forms separate species for each series of sales although they may all belong to genus, “iron and steel” – Object of Legislature was to tax sale of each commercial commodity and not sale of substance out of which it was made – Therefore Tribunal did not commit any error – Decided in favour of Assessee.
|