Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 2008 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (3) TMI 452 - SC - VAT and Sales TaxWhether the ornaments and other articles of gold purchased by the assessee fall within the description of 'bullion and specie' given in entry 56 of the First Schedule to the Kerala General Sales Tax Act? Held that:- Appeal dismissed. The relevant period in the present appeals is from November 1, 1994 to March 31, 1995. Hence, the appellant cannot take any benefit of omission of the word "gold" in bracket for the period in question as the G.O. Ms. No. 625 dated July 31, 1996 is to take effect from August 1, 1996. It is a well-established principle that exemption notifications are to be construed strictly as if the intention of the Legislature is clear and unambiguous, then it is not open to the courts to add words in the exemption notification to extend the benefit to other items which do not find mention in the notification. In the present case, there is no ambiguity in the expression used in the G.O. The intention of the State Government is clear that only gold bullion and specie is entitled to the concessional rate of tax. Under the circumstances, the same cannot be extended to silver as claimed by the assessee.
|