Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2019 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 178 - ALLAHABAD HIGH COURTTax liability - 'Jute Sutli' imported by the applicant from Nepal - Enhancement of tax liability - rejection of books of accounts and disclosed turnover - HELD THAT:- This Court has considered the meaning of word “Yarn”. Word Yarn has not been defined either in the Act or Rules or in the notifications. Yarn means Sute. A fibre in order to answer the description of the yarn in the ordinary commercial sense must have two characteristics: Firstly it should be spun strand. Secondly such strand should be primarily meant for use in weaving, knitting or rope making. Whether the 'Jute Sutli' is Yarn or not? - HELD THAT:- In common parlance 'Jute Sutli' as is found is used mainly for the purpose of Tat, Patti or Bags etc. It is not disputed that the Sutli is made of Jute and is Yarn. In this connection it may also be mentioned here that subsequently the State Government has issued a notification dated 7th October 2002 imposing the tax on Tat, Patti or Bags made from Jute, Sutli or Jute Yarn at the rate of 5% - The notification dated 7th October 2002 is clarificatory in nature. In the notification dated 15th January 2000 the word Sutli or Jute Yarn are missing however, in the subsequent notification dated 7th October 2002 the words Sutli or Jute Yarn are included. Revision petition allowed.
|