2008 (5) TMI 46 - SC - VAT and Sales Tax

Since Petroleum jelly protect skin from infection it doesn t contain any perfume so it should be treated as drug not cosmetic reference taken by revenue to Wikipedia (internet source) to classify the product as cosmetic is not justified held that Wikipedia like all other external aids to construction like dictionaries etc is not an authentic source although the same may be looked at for the purpose of gathering information appellant s appeal allowed

Issues Involved:
1. Classification of petroleum jelly as a 'drug' or a 'cosmetic' under the U.P. Trade Tax Act, 1948.
2. Interpretation of statutory definitions and entries in taxing statutes.
3. Application of common parlance and commercial meaning tests.
4. Reliance on previous judicial decisions and consistency in tax assessments.
5. Use of external aids like dictionaries and Wikipedia in statutory interpretation.

Detailed Analysis:

1. Classification of Petroleum Jelly:
The primary issue was whether petroleum jelly should be classified as a 'drug' or a 'cosmetic' under the U.P. Trade Tax Act, 1948. The court examined the definitions provided in the Drugs and Cosmetics Act, 1940. Section 3(aaa) defines 'cosmetic' as any article intended for beautifying or altering appearance, while Section 3(b) defines 'drug' in an extensive manner, including substances used for diagnosis, treatment, or prevention of diseases. The court noted that petroleum jelly is listed in Schedule K of the Drugs and Cosmetics Rules, 1945, as a drug, exempted from certain provisions if manufactured under a valid drug license.

2. Interpretation of Statutory Definitions:
The court emphasized the difference between inclusive and restrictive definitions. It cited various judgments to illustrate that the term 'drug' has an extensive definition, whereas 'cosmetic' has a restrictive one. The court referenced cases like Hamdard (Wakf) Laboratories vs. Dy. Labour Commissioner and Bharat Coop. Bank (Mumbai) Ltd. vs. Coop. Bank Employees Union to underscore that an inclusive definition is meant to be extensive, covering a broader range of items.

3. Application of Common Parlance and Commercial Meaning Tests:
The court discussed the importance of interpreting statutory terms based on common parlance and commercial meaning. It cited cases like M/s. Mahalakshmi Oil Mills vs. State of Andhra Pradesh and M/s. Asian Paints India Ltd. vs. Collector of Central Excise to emphasize that terms in taxing statutes should be understood in their popular sense, as perceived by those dealing with the products.

4. Reliance on Previous Judicial Decisions and Consistency in Tax Assessments:
The court highlighted the importance of consistency in tax assessments. It noted that the Sales Tax Tribunal had previously classified petroleum jelly as a pharmaceutical preparation, and this classification was not challenged by the Revenue. The court referenced Bharat Sanchar Nigam Ltd. and Another vs. Union of India and Others to stress that consistent interpretation should be maintained unless there is a material change in facts or law.

5. Use of External Aids in Statutory Interpretation:
The court discussed the use of external aids like dictionaries and Wikipedia in interpreting statutory terms. While acknowledging that Wikipedia can be a useful resource, the court cautioned against relying on it for critical legal issues, citing opinions from various judges and legal scholars. The court ultimately relied on statutory definitions and expert opinions over external aids.

Conclusion:
The court concluded that petroleum jelly should be classified as a 'drug' under the U.P. Trade Tax Act, 1948, based on its inclusion in Schedule K of the Drugs and Cosmetics Rules, 1945, and its consistent treatment as a pharmaceutical preparation in previous tax assessments. The court set aside the impugned judgments and allowed the appeals with costs.

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