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1996 (10) TMI 383 - SUPREME COURTWhether "special boiling point spirit" and "shell hexane" are liable to be assessed at single point under Schedule I of the Kerala General Sales Tax Act, 1963, or on multi-point scheme of taxation under section 5(1)(ii) of the said Act, read, in either case, with the provisions of section 5(1) of the Act? Held that:- Appeal allowed. The ultimate conclusion reached by the High Court that the brand of petrol having a flashing point below 24.4 degrees centigrade falls within item 57B in Schedule I is correct. After reaching that conclusion we find it difficult to appreciate why the High Court allowed the assessees' revision and remanded the cases to the Tribunal. Presumably the High Court overlooked the fact that it was admitted that the substances in question fell within the definition of "petrol" under section 2(xvii). Once the High Court found that they fell within item 57B in the First Schedule the levy on these substances would be in accordance with and at the rate stated in the said Schedule against the said item.
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