1999 (3) TMI 611 - AT - VAT and Sales Tax

Summary

Issues:
Disputed rate of tax - 8% vs. 10% levied on acromine colours for assessment years 1981-82, 1982-83, and 1983-84.

Analysis:
The tax revision petitions challenged the common order by the Sales Tax Appellate Tribunal, which upheld the levy of tax at 10% instead of 8% on the turnover of acromine colours for the mentioned assessment years. The assessing authority and subsequent appellate bodies considered the colours as pigments used in printing textiles, falling under item 110 of the First Schedule taxable at 10%. The lower authorities affirmed this view, leading to the confirmation of the 10% tax rate for the first sale of acromine colours.

The assessee contended that the colours were used solely as dyes in printing textiles, not as pigments, and should be taxed at 8% under entry 138 of the First Schedule. A clarification issued by the Special Commissioner supported this argument, stating that colours used for printing on cloth should be taxed at a lower rate of 5%. The historical context of tax rates further indicated that acromine colours were initially taxed at 8% until June 30, 1982, and later at 5% multi-point.

The Tribunal analyzed the entries in the First Schedule and concluded that acromine colours used in printing textiles did not fall under item 110, which pertained to paints, varnishes, and finishes for walls and furniture. The term "pigments" in entry 110 was interpreted to refer to colours used for specific purposes like colour washing of buildings. Therefore, the Tribunal ruled in favor of the appellant, determining that the tax rate should be 8% under entry 138 till June 30, 1982, and 5% multi-point thereafter.

The Tribunal allowed the revision petitions, directing the assessing authority to levy tax on the first sale of acromine colours for the relevant assessment years at the specified rates. The order emphasized adherence to the Tribunal's decision and its execution by all concerned parties, ultimately granting relief to the appellant by setting aside the 10% tax rate in favor of the lower rates prescribed under the First Schedule.